Unemployment Insurance Regulations

The following information is out of date.

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Pregnancy

48.(1) A claimant who, for the purposes of section 18 of the Act, is required to prove pregnancy shall, at her own expense:

• (a) furnish a certificate completed by a medical doctor in respect of the pregnancy setting out the expected date of confinement; or,
   
• (b) furnish such other evidence as the Commission may require.

(2) A claimant shall, on the report made when claiming benefit for the week in which her child is born, give the date of birth of the child.

(3) [Revoked, SOR/79-481, s. 1].

(4) For the purposes of paragraph 7(2)(a) of the Act, pregnancy is any pregnancy that renders a claimant incapable of performing the functions of her regular or usual employment or other suitable employment.

SOR/79-81, s. 5; SOR/79-421, s. 1; SOR/79-465; SOR/79-481, s. 1; SOR/80-17, s. 3(F); SOR/90-761, s. 11.

"Bona fide" Defined

49.(1) For the purposes of section 31 of the Act and subject to subsection (2),a stoppage of work at a factory, workshop or other premises is terminated when:

• (a) the work-force at the factory, workshop or other premises attains at least 85 per cent of its normal level; and,
   
• (b) the level of activities in respect of the production of goods or services at the factory, workshop or other premises attains at least 85 per cent of its normal level.

(2) Where, in respect of a stoppage of work, an occurrence prevents the attainment of at least 85 per cent of the normal level of the work-force or activities in respect of the production of goods or services at a factory, workshop or other premises, the stoppage of work terminates:

• (a) if the occurrence is a discontinuance of business, a permanent restructuring of activities or an act of God, when the level of the work-force and of those activities attains at least 85 percent of that normal level as adjusted by taking that occurrence into account; and,
   
• (b) if the occurrence is a change in economic or market conditions or in technology, when:
  • (i) there is a resumption of activities at the factory, workshop or other premises; and,
     
  • (ii) the level of the work-force and of those activities attains at least 85 per cent of that normal level as adjusted by taking that occurrence into account.

(3) For the purposes of calculating the percentages referred to in subsections (1) and (2), no account shall be taken of exceptional or temporary measures taken by the employer during the stoppage of work for the purpose of offsetting the effects of the stoppage.

SOR/90-756, s. 13.

49.1(1) Subject to subsection (2), where a claimant loses a part-time employment or is unable to resume a part-time employment for any reason mentioned in subsection 31(1) of the Act, the number of days of disentitlement of that claimant is five days per week ending on the occurrence, in respect of the part-time employment, of an event referred to in paragraph 31(1)(a) or (b) of the Act.

(2) Where a claimant loses a part-time employment or is unable to resume a part-time employment for any reason mentioned in subsection 31(1)of the Act, the number of days of disentitlement of that claimant in a week is,for the percentage that is set out in Column I of the table to this subsection and is the ratio between the claimant's average weekly earnings in that part-time employment and the average weekly insurable earnings in the claimant's qualifying weeks, the corresponding number of days of disentitlement set out in Column II, ending on the occurrence, in respect of the part-time employment, of an event referred to in paragraph 31(1)(a) or (b) of the Act.

 

TABLE

Column I	Column II
Percentage	Number of Days of Disentitlement
more than 0 but not more than 10	0
more than 10 but not more than 30	1
more than 30 but not more than 50	2
more than 50 but not more than 70	3
more than 70 but not more than 90	4
more than 90	5

SOR/90-756, s. 13.

Payments Pending a Coverage Decision

50. (1) Subject to subsection (2), where, with respect to a claim for benefit, an application is made pursuant to paragraph 61(3)(a), (c) or (d) of the Act to determine the question of whether a claimant is or was employed in insurable employment in any week, no benefit is payable in respect of that claim until the later of:

• (a) the time that the question is finally determined by the Minister of National Revenue; and,
   
• (b) the time that:
  • (i) if an appeal from the decision of the Minister of National Revenue is filed with the Tax Court of Canada pursuant to section 70 of the Act, the decision of the Tax Court is handed down;
     
  • (ii) if an application is made to the Federal Court of Appeal pursuant to section 28 of the Federal Court Act to review and set aside the decision of the Tax Court of Canada, the decision of the Federal Court of Appeal is handed down; or,
     
  • (iii) if an application is made to the Supreme Court of Canada for leave to appeal from the decision of the Federal Court of Appeal, the final decision of the Supreme Court is handed down.

(2) Subsection (1) does not apply if the claimant qualifies to receive benefits under the Act on the basis of weeks of insurable employment other than the weeks that are the subject of the application.

SOR/83-490, s. 5; SOR/83-838, s. 1; SOR/84-162, s. 1(F); SOR/90-761, s. 12; SOR/92-164, s. 13.

Courses of Instruction

51. (1) In this section, "course or program" means a course or program referred to in subsection 26(1) of the Act.

(2) The benefit period of a claimant who attends a course or program is extended under subsection 26(2) of the Act to the end of the third week after the week in which the claimant completes or leaves the course or program with cause where that benefit period:

• (a) would, but for this subsection, otherwise terminate; and,
   
• (b) is current when the claimant begins attendance at, or is established while the claimant is attending, the course or program.

(2.1) [Revoked, SOR/91-146, s. 1].

(2.2) [Revoked, SOR/85-871, s. 2].

(3) For the purpose of subsection 26(4) of the Act, the rate of weekly benefit payable to a claimant who attends a course or program shall be an amount equal to the greater of:

• (a) the weekly amount payable under section 13 of the Act; and,
   
• (b) the weekly amount of basic training allowance that could be paid under section 5.1 of the National Training Regulations.

(4) Where an allowance is paid to a claimant for a week in a benefit period in respect of attendance at a course or program and benefit would have been payable to him for that week if that training allowance had not been paid, benefit shall be deemed to have been paid to him for that week.

(5) An amount equal to the aggregate of any allowances payable to a claimant for or in respect of a week during which the claimant is attending a course or program, excluding any dependant care, travel,commuting, living-away-from-home or disability allowance payable under any of sections 108 to 111.1 or any similar allowance payable under any other federal Act or under any provincial Act, shall be deducted from any benefit payable to the claimant in respect of that week.

SOR/79-615, s. 2; SOR/82-822, s. 1; SOR/84-633, s. 1; SOR/84-921, s. 1; SOR/85-289, s. 1; SOR/85-871, ss. 1, 2; SOR/87-614, s. 8; SOR/90-761, s. 13; SOR/91-73, s. 1; SOR/91-109, s. 1; SOR/91-146, s. 1; SOR/92-164, s. 14; SOR/92-588, s. 2.

(6) [Revoked, SOR/92-164, s. 14].

Prescribed Weeks

51.1(1) For the purposes of paragraph 6(4)(c) of the Act, a prescribed week is:

• (a) a week in respect of which a claimant has received or will receive:
  • (i) workers' compensation payments, other than permanent settlement workers' compensation payments;
     
  • (ii) under a wage-loss indemnity plan, any earnings by reason of illness, injury, quarantine, pregnancy or care of a child or children referred to in subsection 20(1) of the Act;
     
  • (iii) indemnity payments referred to in paragraph 57(2)(f); or,
     
  • (iv) earnings because of which, pursuant to section 15 of the Act, no benefit is payable to the claimant;
  
  
• (b) a week in which the claimant was:
  • (i) attending a course or program of instruction or training to which he was referred by such authority as the Commission may designate;
     
  • (ii) prevented from establishing an interruption of earnings by virtue of the allocation of earnings pursuant to section 58;
     
  • (iii) serving a week of the waiting period; or,
     
  • (iv) serving a disqualification referred to in section 30.1 of the Act; or,
  
  
• (c) a week of unemployment due to a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the claimant was employed.

(2) For the purposes of this section, a week that is taken into account under any paragraph or subparagraph of subsection (1) may not be taken into account under any other paragraph or subparagraph of that subsection.

SOR/79-421, s. 2; SOR/79-465; SOR/79-481, s. 2; SOR/84-32, s. 6; SOR/88-277, s. 5; SOR/90-756, s. 14; SOR/93-178,s. 2.

Rates of Unemployment

52.(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 immediately preceding the week referred to in subsection 9(1) of the Act:

• (a) for the purpose of applying subsections 6(2) and 11(2) and Part VIII of the Act, for the region in which the claimant was ordinarily resident in that week; or,
• (b) for the purpose of applying subsection 6(2) 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) is ordinarily resident so near to the boundaries of more than one region that it is unclear in which region the claimant resides, the regional rate of unemployment that applies to that claimant is the highest rate for 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 is unclear in which region the claimant was employed, the regional rate of unemployment that applies to that claimant is the highest rate for those regions.

(4) The seasonally adjusted monthly rate of unemployment referred to in subsection (1) is 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.

SOR/79-421, s. 3; SOR/79-465; SOR/79-481, s. 3; SOR/90-756, s.15.

Suspension of Benefit Pending an Appeal

53. Benefits are not payable pursuant to a decision of a board of referees if, within 21 days of the day on which the decision is given, the Commission appeals to an umpire on the ground that the board has erred in law or did not take into account a provision of the Act or these Regulations.

Resident Out Of The Jurisdiction

54.(1) Subject to section 14 of the Act, a claimant is not disentitled from receiving benefits for the reason that the claimant is outside Canada:

• (a) for the purpose of undergoing medical treatment at a hospital, medical clinic or similar facility outside Canada, if the treatment is not readily or immediately available in the claimant's area of residence in Canada and if the hospital, clinic or facility is accredited to provide the medical treatment by the appropriate governmental authority where the hospital, clinic or facility is located;
• (b) 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 a close relative;
• (c) 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 if that treatment is not readily or immediately available in the family member's area of residence in Canada and if the hospital, clinic or facility is accredited to privide the medical treatment by the appropriate governmental authority where the hospital, clinic or facility is located;
• (d) 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;
• (e) for a period of not more than seven consecutive days to attend a bona fide job interview; or,
• (f) for a period of not more than 14 consecutive days to conduct a bona fide job search.

(1.1) For the purposes of subsection (1):

• (a) the following persons are considered to be part of a claimant's immediate family, namely the claimant's father, mother, stepfather, stepmother, foster parent, brother, sister, stepbrother, stepsister or spouse, the child of the claimant or of the claimant's spouse or the ward of the claimant, the claimant's father-in-law or mother-in-law, a dependant or a relative residing in the claimant's household or a relative with whom the claimant permanently resides; and,
• (b) a close relative includes a grandparent, grandchild, son-in-law, daughter-in-law, brother-in-law, sister-in-law, uncle, aunt, niece and nephew.

(1.2) In paragraph (1.1)(a), "spouse" has the same meaning as in the Income Tax Act.

(2) A person who is a claimant in Canada is not disentitled from receiving benefits in respect of pregnancy or the care of a child or children referred to in subsection 20(1) of the Act or while attending a course or program of instruction or training to which that person is referred under subsection 26 of the Act, for the sole reason that the person is not in Canada.

(3) A person who is a major attachment claimant whose most recent interruption of earnings prior to making a claim for benefits is from insurable employment out of Canada is not disentitled from receiving benefits for the sole reason that the person is out of Canada if:

• (a) the benefits are in respect of pregnancy or the care of a child or children referred to in subsection 20(1) of the Act; or,
• (b) the person proves that the person is incapable by reason of illness, injury or quarantine from performing the duties of the person's regular or usual employment or other suitable employment.

(4) Subject to subsection (5), a claimant who resides out of Canada, other than a major attachment claimant referred to in subsection (3), is not disentitled from receiving benefits for the sole reason of that residence if:

• (a) the claimant resides temporarily or permanently in a state of the United States that is contiguous to Canada and:
  • (i) is available for work in Canada; and,
  • (ii) is able to report personally at an office of the Commission in Canada at such time as the Commission may direct; or,
• (b) the claimant:
  • (i) resides temporarily or permanently in one of the following places in respect of which the Commission has not suspended the application of the Agreement between Canada and the United States respecting Unemployment Insurance, as amended to June 21, 1985, namely:
    • (A) the District of Columbia;
    • (B) Puerto Rico;
    • (C) the Virgin Islands; or,
    • (D) any state of the United States; and,
  • (ii) proves eligibility for benefits under that Agreement.

(5) Subject to subsection (8), in respect of a claimant who is not disentitled from receiving benefits under subsections (3) and (4), the maximum number of weeks for which benefits may be paid in a benefit period is:

• (a) in the case of benefits for a reason referred to in subsection 11(3) of the Act, the applicable number of weeks referred to in subsections 11(3), (4), (5) and (7) of the Act; and,
• (b) in any other case, in respect of the number of weeks 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.

 

 

TABLE

Column I	Column II
Number of Weeks of Insurable Employment	Number of Weeks of Benefit
12	10
13	10
14	11
15	11
16	12
17	12
18	13
19	13
20	14
21	14
22	15
23	15
24	16
25	16
26	17
27	17
28	18
29	18
30	19
31	19
32	20
33	20
34	21
35	21
36	22
37	22
38	23
39	23
40	24
41	25
42	26
43	27
44	28
45	29
46	30
47	31
48	32
49	33
50	34
51	35
52	36

(6) Subject to subsection (8), a claimant referred to in subsections (3)and (4) 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 (5).

(7) Subject to subsection (8), 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 (4), the maximum number of weeks for which benefit may be paid in the benefit period is the greater of:

• (a) the number of weeks for which the claimant has already received benefits in Canada; and,
• (b) the number of weeks to which the claimant would have been entitled under subsection (5) if the claimant had been temporarily or permanently resident in a place referred to in subsection (4) when the benefit period was established.

(8) A claimant who is not in Canada or a claimant referred to in subsection (6) may, in a benefit period, combine weeks of benefit to which the claimant is entitled under paragraph (5)(a) and paragraph (5)(b) or subsection (7), but if the claimant is entitled under paragraph (5)(b) or subsection (7):

• (a) to more than 30 weeks of benefit, the total number of weeks of benefit payable under paragraph (5)(a) and paragraph (5)(b) or subsection (7) shall not exceed the claimant's entitlement under paragraph (5)(b) or subsection (7); and,
• (b) to 30 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 under paragraph (5)(a), but the total number of weeks of benefit shall not exceed 30.

SOR/79-348, s. 3; SOR/82-44, s. 3; SOR/83-490, s. 6; SOR/84-32, s. 7;SOR/87-614, s. 9; SOR/88-277, s. 6; SOR/90-756, s. 16; SOR/94-446, s. 1; SOR/94-468, s. 3. SOR/95-491, s. 1. 

Inmates of an Institution

55. A claimant who is an inmate of a prison or similar institution and who has been granted parole, day parole or temporary absence or a certificate of availability for the purpose of seeking and accepting employment in the community is not disentitled from receiving benefit by reason only of section 32 of the Act.

SOR/90-761, s. 14.

Persons of Unsound Mind and Deceased Persons

56.(1) Where an initial claim for benefit or a claim for benefit for a week of unemployment is made to the Commission on behalf of:

• (a) a person of unsound mind; or,
• (b) an incapacitated person, the Commission shall authorize payment of the benefit to anyone acting on behalf of the person where it is proved that the person meets the requirements of Part I or Part VIII of the Act.

(2) Where an initial claim for benefit or a claim for benefit for a week of unemployment is made to the Commission by the legal representative of a deceased person, the Commission shall authorize payment of the benefit to the legal representative where it is proved that the deceased person met the requirements of Part I or Part VIII of the Act.

(3) For the purposes of subsection (2), "legal representative" means the executor or administrator, as the case may be, of the estate of the deceased person.

(4) Notwithstanding subsection (2), where the total assets of the estate of a deceased person are not of sufficient value to warrant obtaining:

• (a) in the case of an intestate succession, letters of administration; or,
• (b) in the case of a testate succession, probate of the will of the deceased person, the person, or any one of the persons, entitled in law to succeed to the property of the deceased person may make a claim for benefit, in accordance with subsections (5) and (6), which benefit is to be made payable to him.

(5) The claim for benefit referred to in subsection (4) shall be on a form supplied or approved by the Commission and shall include:

• (a) a statutory declaration signed by the applicant stating that he is a person entitled in law to succeed to the property of the deceased person; and,
• (b) a promise signed by the applicant to repay to the Receiver General any moneys paid in error to the applicant.

(6) In addition to the claim for benefit referred to in subsection (4), there shall be submitted:

• (a) a copy of the will of the deceased person, if one exists; and,
• (b) a release of all claims in respect of the amount payable, signed by all persons other than the applicant if any such persons exist, entitled in law to succeed to the property of the deceased person.

(7) For the purposes of sections 79 and 80 of the Act, the person making the claim on behalf of another person referred to in subsection (1)or (2) may make an appeal on behalf of that other person.

SOR/81-1008, s. 1; SOR/90-761, s. 15.

Workforce Reduction Process

56.1(1) Subject to the Act and these Regulations, but notwithstanding sections 28 and 30.1 of the Act, a claimant who has left employment in accordance with an employer workforce reduction process that preserves the employment of co-workers may be paid benefits where:

• (a) the claimant accepted an offer to leave that employment voluntarily; and,
• (b) the employer has confirmed that the claimant's leaving resulted in the actual preservation of the employment of a co-worker whose employment would otherwise have been terminated in the course of the workforce reduction process.

(2) For the purposes of subsection (1), an employer workforce reduction process is a process:

• (a) that is initiated by the employer;
• (b) that has as its objective a permanent reduction in the overall number of employees;
• (c) that offers employees the option to leave employment voluntarily; and,
• (d) the elements of which, including the elements described in paragraphs (a) to (c), are documented by the employer.

SOR/93-177, s. 1.

Determination of Earnings for Benefit Purposes

57. (1) In this section, "income" means any pecuniary or non-pecuniary income that is or will be received by a claimant from an employer or any other person; "employment" means:

• (a) any employment, whether insurable, not insurable or excepted employment, under any express or implied contract of service or other contract of employment:
  • (i) whether or not services are or will be performed by the claimant for any person; and,
  • (ii) whether or not income received by a claimant is from a person other than the person for whom services are or will be performed; and,
• (b) any self-employment whether on the claimant's own account or in partnership or co-adventure; and (c) the tenure of an office as defined in subsection 2(1) of the Canada Pension Plan; "pension" means any retirement pension:
  • (i) arising out of employment, service in the Canadian Forces or in any police force;
  • (ii) under the Canada Pension Plan; or,
  • (iii) under a provincial pension plan.

(2) Subject to this section, the earnings to be taken into account for the purpose of determining whether an interruption of earnings has occurred and the amount to be deducted from benefits payable under subsection 15(1) or (2), 17(4), 18(5), or 20(3) of the Act and for the purposes of sections 37 and 38 of the Act are:

• (a) the entire income of a claimant arising out of any employment;
   
• (b) workers' compensation payments received or to be received by a claimant, other than permanent settlement workers' compensation payments;
   
• (c) payments a claimant has received or, on application, is entitled to receive under:
  • (i) a group wage-loss indemnity plan;
  • (ii) a paid sick, maternity or adoption leave plan; or,
  • (iii) a leave plan providing payment in respect of the care of a child or children referred to in subsection 20(1) of the Act;
  
  
• (d) notwithstanding paragraph (3)(b) but subject to subsection (2.1), the payments a claimant has received or, on application, is entitled to receive from motor vehicle accident insurance provided under or pursuant to a provincial law in respect of the actual or presumed loss of income from employment due to injury, if the benefits paid or payable under the Act are not taken into account in determining the amount that the claimant receives or is entitled to receive from such insurance;
   
• (e) the moneys paid or payable to a claimant on or after January 5, 1986, on a periodic basis or in a lump sum on account of or in lieu of a pension; and,
   
• (f) where the benefits paid or payable under the Act are not taken into account in determining the amount that a claimant receives or is entitled to receive pursuant to a provincial law in respect of an actual or presumed loss of income from employment, the indemnity payments the claimant has received or, on application, is entitled to receive pursuant to that provincial law by reason of the fact that the claimant has ceased to work for the reason that continuation of work entailed physical dangers for:
  • (i) the claimant;
  • (ii) the claimant's unborn child; or,
  • (iii) the child the claimant is breast-feeding.

(2.1) When, subsequent to the week in which an injury referred to in paragraph (2)(d) occurs, a claimant has accumulated the number of weeks of insurable employment required by section 6 of the Act, the payments referred to in paragraph (2)(d) shall not be taken into account as earnings.

(2.2) Notwithstanding subsection (2), the payments a claimant has received or, on application, is entitled to receive under a group sickness or disability wage-loss indemnity plan are not earnings to be taken into account for the purpose of subsection 37(2).

(2.3) Notwithstanding subsection (2), the moneys referred to in paragraph (2)(e) are not earnings to be taken into account for the purposes of section 37.

(2.4) Notwithstanding subsection (2), the earnings referred to in subsection 58(9) are not earnings to be taken into account for the purposes of section 37.

(3) That portion of the income of a claimant that is derived from any of the following sources is not earnings for the purposes mentioned in subsection (2):

• (a) disability pension or permanent settlement workers' compensation payments;
• (b) payments under a sickness or disability wage-loss indemnity plan that is not a group plan;
• (c) relief grants in cash or in kind;
• (d) payments received under a supplemental unemployment benefit plan;
• (e) retroactive increases in wages or salary; (f) to (i) [Revoked, SOR/92-164, s. 15];
• (j) the moneys referred to in paragraph (2)(e), if the number of weeks of insurable employment required by section 6 of the Act for the establishment of the benefit period of the claimant was accumulated after the date on which those moneys became payable and during the period in respect of which the claimant received those moneys;
• (k) the portion of any payments paid by reason of pregnancy or for the care of a child or children referred to in subsection 20(1) of the Act or any combination of these reasons which:
  • (i) when combined with the claimant's weekly rate of unemployment insurance benefits, does not exceed the claimant's normal weekly earnings from his or her employment; and,
  • (ii) does not reduce the claimant's accumulated sick leave, vacation leave, severance pay or any other accumulated credits from his or her employment; and,
• (l) employment income excluded as income pursuant to subsection 6(16) of the Income Tax Act.

(3.1) [Revoked, SOR/92-164, s. 15].

(4) For the purposes of paragraphs (2)(c) and (3)(b), a sickness or disability wage-loss indemnity plan is not a group plan if it is a plan that, in the opinion of the Commission:

• (a) is not related to a group of persons who are all employed by the same employer;
• (b) is not financed in whole or in part by an employer;
• (c) is voluntarily purchased by the person insured;
• (d) is completely portable;
• (e) provides constant benefits while permitting deductions for income from other sources, where applicable; and,
• (f) has rates of premium that do not depend on the experience of a group referred to in paragraph (a).

(5) For the purposes of subsection (4), "portable", in respect of any plan referred to in that subsection, means that benefits to which an employee covered thereby is entitled and the rate of premium that the employee is required to pay while employed by an employer will remain equivalent if that employee becomes employed by any other employer within the same occupation.

(6) For the purposes of paragraph (2)(a), "income" includes:

• (a) in the case of a claimant who is not self-employed, only that amount of his income remaining after deducting:
  • (i) expenses incurred by him for the direct purpose of earning that income; and,
  • (ii) the value of any consideration supplied by him;
• (b) in the case of a claimant who is self-employed in farming, only 15 per cent of that farmer's gross income from:
  • (i) farming transactions; and,
  • (ii) any subsidies he receives under any federal or provincial program;
• (c) in the case of a claimant who is self-employed other than in farming, only the amount remaining of the gross income from that employment after deducting the operating expenses, other than capital expenditures, incurred therein; and d) in any case, the value of board, living quarters and other benefits of any kind received by a claimant from or on behalf of his employer in respect of his employment.

(7) Subject to subsection (8), the value of the benefits referred to in paragraph (6)(d) shall be fixed by agreement between the claimant and his employer at a rate that is reasonable in the circumstances.

(8) Where:

• (a) the claimant and the employer do not agree as to the value of the benefits referred to in paragraph (6)(d); or,
• (b) in the opinion of an officer of the Commission the value fixed for those benefits is not reasonable, the value shall be determined by the Commission.

(9) The value of living quarters referred to in paragraph (6)(d) includes the value of any heat, light, telephone or other benefits included with those living quarters.

(10) Where the value of living quarters is determined by the Commission, it shall be computed on the rental value of similar living quarters in the vicinity or district.

(11) Where the remuneration of a claimant is not pecuniary or is only partly pecuniary and the whole or part of the non-pecuniary remuneration consists of any consideration other than living quarters and board furnished by the employer, the value of that consideration shall be included in determining his income.

(12) For the purposes of this section, living quarters includes rooms or any other living accommodation.

(13) For the purposes of paragraph (3)(d) and subject to subsection(14), a supplemental unemployment benefit plan is a plan that meets all of the following conditions:

• (a) it identifies the group or groups of employees covered by the plan;
• (b) it covers any period of unemployment by reason of a temporary stoppage of work, training, illness, injury, quarantine or any combination of these reasons;
• (c) it requires employees to apply for and be in receipt of unemployment insurance benefits to receive payments under the plan but may provide for payments to an employee who is not in receipt of unemployment insurance benefits for the reason that the employee:
  • (i) is serving the two week 58waiting period;
  • (ii) has insufficient weeks of insurable employment to qualify for unemployment insurance benefits; or,
  • (iii) has received all of the unemployment insurance benefits to which the employee is entitled;
• (d) it requires that the combined weekly payments received from the plan and the weekly rate of unemployment insurance benefits do not exceed 95 per cent of the employee's weekly earnings;
• (e) it requires that payments under the plan be financed by the employer and that the employer keep separate accounts for those payments;
• (f) it requires that, on termination of the plan, all remaining assets revert to the employer or be used for payments under the plan or for administrative costs of the plan;
• (g) it requires that the plan be submitted to the Commission prior to its effective date and that written notice of any change to the plan be given to the Commission within 30 days after the effective date of the change;
• (h) it provides that the employees have no vested right to payments under the plan except to payments during a period of unemployment specified in the plan; and,
• (i) it provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.

(14) Subsection (13) does not apply to a supplemental unemployment benefit plan that was in force on November 18, 1990 for the period beginning on that day and ending on the earlier of:

• (a) January 1, 1993; and,
• (b) if the plan:
  • (i) was incorporated in a collective agreement, the signing of the collective agreement that replaces, extends or renews that collective agreement; or,
  • (ii) was not incorporated in a collective agreement, the expiration date of the plan.

SOR/78-233, s. 1; SOR/78-710, s. 5; SOR/79-52, s. 4; SOR/79-421, s. 4; SOR/79-465; SOR/79-481, s. 4; SOR/82-673, s. 2(F); SOR/82-778, s. 2; SOR/84-32, s. 8; SOR/85-288, s. 1; SOR/86-, s. 1; SOR/87-188, s. 1; SOR/88-142, s. 3; SOR/88-277, s. 7; SOR/89-160, s. 2; SOR/90-207, s. 1; SOR/90-756, s. 17; SOR/90-761, s. 16; SOR/92-164, s. 15; SOR/93-351, s. 1; SOR/93-434, s. 1; SOR/93-470, s. 1; SOR/94-469, s. 1.

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