Employment Insurance Regulations - Amendments

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AMENDMENTS TO THE EMPLOYMENT INSURANCE REGULATIONS

SOR 97-310
03 JULY 1997 (s. 7, 9, 11)

1. Paragraph 7(a) of the Employment Insurance Regulations¹ is repealed.

2. The Regulations are amended by adding the following after section 9.1:

9.2 Subject to section 10, where a person's earnings or a portion of a person's earnings for a period of insurable employment remains unpaid for the reasons described in subsection 2(2) of the Insurable Earnings and Collection of Premiums Regulations, the person is deemed to have worked in insurable employment for the number of hours that the person actually worked in the period, whether or not the person was remunerated.

3. Subsection 11(2) of the Regulations is replaced by the following:

(2) Subject to section 10

(a) an insured person who is a member of the Canadian Forces on full- time service or of a police forced and is required to be available on standby outside of their regularly scheduled hours of work is deemed to be employed in insurable employment for 35 hours per week; and

(b) an insured person who is a member of the reserve force and is paid the rate of pay for

(i) each period of duty or training of less than 6 hours is deemed to be employed in insurable employment for 3½ hours per period, or

(ii) each period of duty or training of not less than 6 hours and not more than 24 hours is deemed to be employed in insurable employment for 7 hours per period

to a maximum of 35 hours of insurable employment per week.

4. Subparagraph 12(1)(b(v) of the Regulations is replaced by the following:

(v) serving a week of disqualification under section 28 of the Act or disqualified under section 30 of the Act for a week of unemployment for which benefits would otherwise be payable;

5. Subparagraph 12(2)(b)(v) of the Regulations is replaced by the following:

(v) serving a week of disqualification under section 28 of the Act or disqualified under section 30 of the Act for a week of unemployment for which benefits would otherwise be payable;

6. Paragraph 23(1)(a) and (b)² of the Regulations are replaced by the following:

(a) remuneration, including statutory holiday pay, other than the remuneration referred to in paragraph (b), paid in respect of a pay period or that remains unpaid for the reasons described in subsection 2(2) of the Insurable Earnings and Collection of Premiums Regulations shall be allocated to that pay period; and

(b) overtime pay, shift premiums, pay adjustments, retroactive pay increases, bonuses, gratuities, accumulated sick leave credits, incentive payments, cost of living allowances, separation payments, wages in lieu of notice and any other remuneration including vacation pay not paid in respect of a pay period or that remains unpaid for the reasons described in subsection 2(2) of the Insurable Earnings and Collection of Premiums Regulations, shall be allocated proportionately over the pay period in which they are paid.

7. (1) Subsection 34(2) of the Regulations is replaced by the following:

(2) For the purposes of this section, a child tax benefit is a deemed overpayment under subdivision a.1 of Division E of Part I of the Income Tax Act as that subdivision read on June 30, 1996 and including the amendments made after that date in relation only to the working income supplement of the child tax benefit by section 80 of the Budget Implementation Act, 1997.

(2.1) Subsection (2) does not apply in respect of any amendments to the child tax benefit made after June 1997.

(2) Paragraph (b) of the description of B in subsection 34(5) of the Regulations is replaced by the following:

(b) zero, where the adjusted income is equal to or less than $20,921.

8. The Regulations are amended by adding the following after section 94.3:

94.4 Where, after January 5, 1997, section 59.1 of the Unemployment Insurance Regulations, as it read on June 29, 1996, applies and where the application of that section requires the consideration of insured weeks of employment in 1996 or earlier, section 94.1 of these Regulations shall be applied to convert those weeks in 1996 or earlier into hours and the number of weeks stipulated by paragraphs 59.1(2)(a) and (b) of the Unemployment Insurance Regulations shall be converted into an hourly equivalent by multiplying the number of weeks required by 35.

COMING INTO FORCE

9. These Regulations come into force on July 3, 1997


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¹ SOR/96-332
² SOR/97-31