Employment Insurance Regulations - Part I - Unemployment Benefits
Current EI (Main) Regulations
PART I
UNEMPLOYMENT BENEFITS
Claimants Not In Canada
55. (1) Subject to section 18 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, at a hospital, medical clinic or similar facility outside Canada, medical treatment that is not readily or immediately available in the claimant's area of residence in Canada, if the hospital, clinic or facility is accredited to provide the medical treatment by the appropriate governmental authority outside Canada;(2) For the purpose of subsection (1), the following persons are considered to be members of the claimant's immediate family:
(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 one of the following persons, namely,
(i) a grandparent of the claimant or of the claimant's spouse or common-law partner,
(ii) a grandchild of the claimant or of the claimant's spouse or common-law partner,
(iii) the spouse or common-law partner of the claimant's son or daughter or of the son or daughter of the claimant's spouse or common-law partner,
(iv) the spouse or common-law partner of a child of the claimant's father or mother or of a child of the spouse or common-law partner of the claimant's father or mother,
(v) a child of the father or mother of the claimant's spouse or common-law partner or a child of the spouse or common-law partner of the father or mother of the claimant's spouse or common-law partner,
(vi) an uncle or aunt of the claimant or of the claimant's spouse or common-law partner, and
(vii) a nephew or niece of the claimant or of the claimant's spouse or common-law partner;
(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 that is not readily or immediately available in the family member's area of residence in Canada, if the hospital, clinic or facility is accredited to provide the medical treatment by the appropriate governmental authority outside Canada;
(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.
(a) the father and mother of the claimant or of the claimant's spouse or common-law partner;
(b) the spouse or common-law partner of the father or mother of the claimant or of the claimant's spouse or common-law partner;
(c) the foster parent of the claimant or of the claimant's spouse or common-law partner;
(d) a child of the claimant's father or mother or a child of the spouse or common-law partner of the claimant's father or mother;
(e) the claimant's spouse or common-law partner;
(f) a child of the claimant or of the claimant's spouse or common-law partner;
(g) a ward of the claimant or of the claimant's spouse or common-law partner; and
(h) a dependant or relative residing in the claimant's household or a relative with whom the claimant permanently resides.
(4) A claimant is not disentitled from receiving benefits in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act, the care or support of a family member referred to in subsection 23.1(2) of the Act or while attending a course or program of instruction or training referred to in paragraph 25(1)(a) of the Act, for the sole reason that the claimant is not in Canada.
(5) A major attachment claimant whose most recent interruption of earnings prior to making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is not in Canada if
(a) the benefits are in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) of the Act;(6) Subject to subsection (7), a claimant who resides outside Canada, other than a major attachment claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if
(b) the claimant proves that they are incapable, by reason of illness, injury or quarantine, from performing the duties of their regular or usual employment or of other suitable employment.
(a) the claimant resides temporarily or permanently in a state of the United States that is contiguous to Canada and(7) Subject to subsection (10), the maximum number of weeks for which benefits may be paid in a benefit period, in respect of a claimant referred to in subsections (5) and (6) who is not disentitled from receiving benefits, is(i) is available for work in Canada, and(b) the claimant is qualified to receive benefits under Article VI of the Agreement between Canada and the United States respecting Unemployment Insurance, signed on March 6 and 12, 1942, and resides temporarily or permanently in one of the following places in respect of which the Commission has not, pursuant to section 16 of the Employment and Immigration Department and Commission Act, suspended the application of that Agreement, namely,
(ii) is able to report personally at an office of the Commission in Canada and does so when requested by the Commission; or(i) the District of Columbia,
(ii) Puerto Rico,
(iii) the Virgin Islands, or
(iv) any state of the United States.
(a) in the case of benefits that are paid for a reason referred to in subsection 12(3) of the Act, the applicable number of weeks referred to in subsections 12(3) to (6) of the Act; and
(b) in any other case, in respect of the number of hours of insurable employment in the claimant's qualifying period set out in column I of the table to this subsection, the corresponding number of weeks set out in column II of that table.
(8) Subject to subsection (10), a claimant referred to in subsections (5) and (6), for whom a benefit period has been established and who subsequently becomes resident in Canada, continues to be entitled to receive benefits for not more than the maximum number of weeks referred to in subsection (7).
(9) Subject to subsection (10), the maximum number of weeks for which benefits may be paid in the benefit period, in respect of a claimant for whom a benefit period has been established in Canada and who subsequently becomes a claimant referred to in subsection (6), is the greater of
(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 (7) if the claimant had been temporarily or permanently resident in a place referred to in subsection (6) when the benefit period was established.
(10) In a claimant's benefit period, a claimant who is not in Canada or a claimant referred to in subsection (8), subject to the applicable maximums set out in paragraphs (7)(a) and (b), may combine the weeks of benefits to which the claimant is entitled, but the total number of weeks of benefits shall not exceed 50. If the benefit period:
(a) is extended under subsection 10(13) of the Act, the maximum number of combined weeks is 65;
(b) is extended under subsection 10(13.1) or (13.2) of the Act, the maximum number of combined weeks is 56; and
(c) is extended under subsection 10(13.3) of the Act, the maximum number of combined weeks is 71.
(11) A claimant is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if the claimant is outside Canada, with the approval of the Commission, in the course of the claimant's employment under the Self-employment employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act.
(12) Subject to subsection (13), where a claimant makes a claim for the purposes of this section, the claim shall be sent in an envelope or package addressed to the Commission, by mail or by means of a confirmed delivery service.
(13) Where a claim is sent by the claimant to the Commission in a manner other than the manner required by subsection (12), the claim shall be reviewed by an employee of the Commission at the time of importation.
SOR/97-31, s. 21.; SOR/2000-393, S. 1; SOR 2001-290, s.3; SOR/2002-157, s.4; SOR/2003-393, s. 10
Provision of Information
55.1 (1) In order to enable the Commission to substantiate proof provided to it by claimants in respect of their fulfilment of conditions for receiving or continuing to receive benefits, employers shall provide, in writing on a monthly basis to the Commission, information in respect of their employees concerning the date of commencement of employment, periods of employment, amounts earned during employment and the reasons for separation from employment.
(2) Subsection (1) only applies to employers
(a) who hired 10 or more employees within the past 12 months or who advise the Commission in writing that they expect to do so within the next 12 months; or
(b) who were required under subsection 19(2) to complete 10 or more records of employment within the past 12 months or who advise the Commission in writing that they expect that they will be required to do so within the next 12 months.
SOR/2004-312, s.1