Employment Insurance Regulations - Part III.1 - Reduction of premiums for employees covered by a provincial plan and for their employers
Current EI (Main) Regulations
PART III.1
REDUCTION OF PREMIUM FOR EMPLOYEES COVERED BY A PROVINCIAL PLAN AND FOR THEIR EMPLOYERS
DIVISION 3
ENTITLEMENT
Disentitlement
76.09 (1) Subject to subsection (2), every claimant is disentitled to be paid benefits under section 22 or 23 of the Act if they are entitled to receive provincial benefits under a provincial plan.
(2) Subsection (1) does not apply if, at the request of the claimant, it is determined by the Commission that the amount of provincial benefits the claimant is entitled to receive under the provincial plan is not substantially equivalent to or greater than the amount of benefits that they are entitled to receive under section 22 or 23 of the Act.
(3) Every claimant who has received, or has applied for and is entitled to receive, provincial benefits under a provincial plan in respect of any week is disentitled to be paid benefits in respect of that same week under
- (a) Part I of the Act, other than benefits under section 22 or 23 of the Act; or
- (b) the Employment Insurance (Fishing) Regulations.
(4) For greater certainty, subsections (1) to (3) apply in respect of a claimant who has applied for and is entitled to receive provincial benefits under a provincial plan even if the claimant, after making that application, ceases to reside in the province where that plan was established.
(5) For greater certainty, where two persons are caring for the same child or children and one of them is a claimant referred to in subsection (4), subsections (1) to (3) apply in respect of the other person.
New Entrant or Re-entrant
76.1 (1) An insured person is considered not to be a new entrant or a re-entrant to the labour force for the purpose of subsection 7(4.1) of the Act if they
- (a) have been paid one or more weeks of provincial benefits in the period of 208 weeks referred to in that subsection; and
- (b) would have been entitled to receive the special benefits referred to in that subsection for that same period, had they not been paid those provincial benefits.
(2) For the purpose of paragraph (1)(a),
- (a) the reference to "a week of benefits" in subsection 25(1) shall be read as a reference to "a week of provincial benefits"; and
(b) the reference to "the percentage of benefits paid for a week" in subsection 25(2) shall be read as a reference to "the percentage of benefits that the claimant would have been entitled to receive for a week as special benefits referred to in subsection 7(4.1) of the Act, had they not been paid provincial benefits,".
Insured Participant — Part II of the Act
76.11 A person is considered to be an insured participant for the purpose of paragraph 58(1)(b) of the Act if they would have been entitled to receive special benefits under section 22 or 23 of the Act and would have had a benefit period established for that purpose within the time required by that paragraph, had they not been paid provincial benefits.
Prescribed Hours and Weeks
76.12 (1) Paragraph 12(1)(a) is considered to include a week in respect of which a claimant is paid provincial benefits.
(2) Paragraph 12(2)(d) is considered to include a week in respect of which a claimant is paid provincial benefits as a prescribed week that is not to be taken into account when determining what weeks are within the rate calculation period.
Week Not Counted to Extend Qualifying Period
76.13 The reference to "a week during which the person was in receipt of benefits" in subsection 8(5) of the Act shall be read as including a week for which the person was paid provincial benefits.
Extension of the Benefit Period
76.14 (1) For the purpose of extending a claimant's benefit period under subsection 10(13), (13.1), (13.2) or (13.3) of the Act, each of the following references is considered to include a reference to the corresponding type of provincial benefits:
- (a) a reference in paragraph 10(13)(b), (13.1)(b), (13.2)(b) or (13.3)(b) of the Act to benefits paid for the reasons mentioned in paragraph 12(3)(a) or (b) of the Act, as the case may be; and
- (b) a reference in paragraph 10(13)(c), (13.1)(c), (13.2)(c) or (13.3)(c) of the Act to benefits that were not paid for the maximum number of weeks established for the reasons mentioned in paragraph 12(3)(a) or (b) of the Act, as the case may be.
(2) For the purpose of extending a claimant's benefit period under subsection 10(13) of the Act, the reference following paragraph 10(13)(c) of the Act to "each of paragraphs 12(3)(a), (b) and (c)" shall be read as a reference to "paragraph 12(3)(c)".
(3) For the purpose of extending a claimant's benefit period under subsection 10(13.1) of the Act, the reference following paragraph 10(13.1)(c) of the Act to "each of paragraphs 12(3)(b), (c) and (d)" shall be read as a reference to "each of paragraphs 12(3)(c) and (d)".
(4) For the purpose of extending a claimant's benefit period under subsection 10(13.2) of the Act, the reference following paragraph 10(13.2)(c) of the Act to "each of paragraphs 12(3)(a), (b) and (d)" shall be read as a reference to "paragraph 12(3)(d)".
(5) For the purpose of extending a claimant's benefit period under subsection 10(13.3) of the Act, the reference following paragraph 10(13.3)(c) of the Act to "each of those paragraphs" shall be read as a reference to "each of paragraphs 12(3)(c) and (d)".
76.15 If the child or children of a claimant who has received or is entitled to receive provincial benefits are hospitalized during the period referred to in subsection 23(2) of the Act, the claimant's benefit period is considered to be extended under subsection 10(12) of the Act by the number of weeks during which the child or children are hospitalized.
Reduction of Benefits
76.16 The benefits payable under section 22 or 23 of the Act to a claimant in respect of any week in respect of which the claimant has received or is entitled to receive provincial benefits shall be reduced as provided by section 76.17.
76.17 An amount equal to the amount of the provincial benefits that a claimant has received or is entitled to receive in respect of any week under a provincial plan shall be deducted from the amount of benefits payable under section 22 or 23 of the Act to the claimant in respect of that same week, in addition to any deductions referred to in section 19 and subsections 22(5) and 23(3.5) of the Act.
No Double Counting of Weeks
76.18 Where a week of provincial benefits has been taken into account for the purpose of any of sections 76.1 to 76.14 or 76.19, no week of benefits paid under section 22 or 23 of the Act shall be taken into account for that same purpose.
Payment of Benefits
76.19 (1) Subject to subsection (2), each week of provincial benefits paid to a claimant is considered to be a week of benefits paid under the Act and counts as a week for the purpose of calculating- (a) the overall maximum number of weeks for which benefits may be paid in a benefit period under paragraphs 12(3)(a) and (b) of the Act taken together; and
- (b) the maximum number of weeks referred to in paragraph 12(4)(a) or (b) of the Act for which benefits may be paid.
(2) Where a provincial plan provides for the optional payment of provincial benefits at an accelerated rate, such that the maximum amount of a particular type of provincial benefit payable under the plan may be paid to the claimant over fewer weeks, and the claimant is paid those benefits at the accelerated rate, the number of weeks of benefits that those weeks of provincial benefits represent under the Act shall be determined by multiplying the number of weeks of the particular type of provincial benefits paid to the claimant by the result obtained by dividing the maximum number of such weeks of benefits payable at the non-accelerated rate by the maximum number of such weeks of benefits payable at the accelerated rate.
(3) If the determination of the number of weeks under subsection (2) results in a number that contains a fraction of a week, the number shall be rounded to the nearest multiple of one week or, if the amount is equidistant from two multiples of one week, to the higher multiple.
76.2 If the maximum number of weeks referred to in paragraph 12(3)(a) or (b) or (4)(a) or (b) of the Act is less than the maximum number of weeks for which the corresponding types of benefits may be paid under a provincial plan, the excess number of weeks for which provincial benefits may be paid shall not be taken into account for the purpose of determining the maximum number of weeks referred to in that paragraph.
Persons Making Claims Under Different Regimes
76.21 (1) Subsection (2) applies in respect of two persons who are caring for the same child or children and who do not reside in the same province at the time the first one of them makes an application under section 22 or 23 of the Act or an application for provincial benefits.
(2) Subject to subsection (3), where one of the two persons referred to in subsection (1) has applied for and is entitled to receive benefits under section 23 of the Act (referred to in this section as "the claimant") and the other person has applied for and is entitled to receive provincial benefits (referred to in this section as "the provincial applicant"), unless they have entered into an agreement as to the number of weeks of such benefits they will each respectively apply for or there is a court order respecting the sharing of those weeks of benefits,
(a) if the number of weeks of benefits that the claimant would otherwise be entitled to receive under section 23 of the Act is an even number, the number of weeks of benefits payable to the claimant is half that number; and(b) if that number is an odd number,
- (i) where the claimant made the earlier application, one week of those benefits plus half of the remaining weeks of benefits is payable to the claimant, and
- (ii) where the provincial applicant made the earlier application, half the number of weeks of benefits remaining, after deducting one week, are payable to the claimant.
(3) The maximum number of weeks of benefits that may be paid to the claimant under section 23 of the Act shall not be greater than the maximum number of weeks for which benefits may be paid under paragraph 12(3)(b) of the Act, less the number of weeks of provincial benefits that are paid to the provincial applicant, taking into account any weeks of provincial benefits that are paid at the accelerated rate referred to in subsection 76.19(2), if applicable.
Waiving of the Waiting Period
76.22 The reference in paragraph 40(6)(b) to "allowances, payments or other moneys are payable to the claimant by the claimant's employer or former employer as sick leave pay" shall be read as a reference to "allowances, payments or other moneys were payable to the claimant by the claimant's employer or former employer as sick leave pay or provincial benefits were paid to the claimant".
Coming Into Force of Provincial Plan — Transition
- (a) if a birth or a placement for the purpose of adoption takes place before the day on which this Part comes into force, the Act applies in respect of any claim for benefits made in respect of that birth or placement; and
- (b) if a claimant has, before the day on which this Part comes into force, been paid one week or more of benefits under section 22 or 23 of the Act in respect of a birth or a placement for the purpose of adoption, the Act continues to apply in respect of any claim relating to that birth or placement.