Digest Publications and Amendments

In order that the text of the English version corresponds with the French version the reference to “HRCC” has been changed to “Commission”

Reference to “HRCC” has been changed to “Commission”

Reference to “HRCC” has been changed to “Service Canada Centre”

Reference to “Service Canada Centre” has been changed to “Commission”

These sections have been amended to more specifically address the situation of Violence against Women originating from the spouse or other intimate partner that may go on up to the workplace and result in voluntarily leaving employment or presumed misconduct.

This section has been amended to specify that the implementation of the Quebec Parental Insurance Plan on January 1, 2006, has brought among other rules a new principle of equivalence for the purpose of the EI program.

According to a specific regulatory provision, each week of provincial benefits such as QPIP benefits is considered as a week for which benefits are paid under the EI and is taken into consideration in calculating the overall maximum number of weeks of EI maternity or parental benefits to be paid per benefit period and the maximum number of weeks of EI benefits to be paid regarding a birth or an adoption.

This section has been amended to specify that the new rules in force since January 1, 2006, as a result of the implementation of the Quebec Parental Insurance Plan also apply in context; they specify, among other things, that a person who is entitled under a provincial plan to receive benefits in respect of a birth or an adoption is generally disentitled from receiving EI maternity or parental benefits.

This section has been amended to add the requirements of increased insured hours when a violation had been assessed on a previous claim.

Deleted reference to combined special benefits and the individual limits, as two new sections, 11.5.2 and 11.5.3 were added covering the issues.The reference to a period of incapacity prior to December 31, 2000 was also removed.

This new section has been added to clarify that sickness and compassionate care benefits are part of special benefits which have specific requirements for payment. 

This new section has been added to indicate the possible combination of weeks of special benefits payable as well as limits to the number of weeks payable. 

8.10.1

This section has been amended to specify that the disentitlement imposed as a result of a labour dispute could not be suspended in the case of a woman who, during the work stoppage, is entitled to receive benefits from the Quebec Parental Insurance Plan; as a general rule, this woman cannot otherwise prove that she is entitled to EI maternity or parental benefits.

8.10.1

This section has been amended to add compassionate care benefits as special benefits.

2.3.1
4.6.10
6.6.0
6.6.3

Amended to add compassionate care benefits as special benefits.

2.3.1
4.6.10
6.6.0
6.6.3

1.1.1
1.2.3
1.2.7
1.3.3
1.4.5
1.5.0
1.8.1
1.9.2
1.9.6

1.1.1
1.2.3
1.2.7
1.3.3
1.4.5
1.5.0
1.8.1
1.9.2
1.9.6

1.1.5
1.2.4
1.2.10
1.4.2
1.4.5
1.6.2

These sections have been amended to add compassionate care benefits as special benefits.

1.1.5
1.2.4
1.2.10
1.4.2
1.4.5
1.6.2

This section has been amended to specify that :

the allowable earning provision also applies to compassionate care benefits;

under a regulatory provision made on January 1, 2006, in the context of the implementation of the Quebec Parental Insurance Plan, the EI maternity or parental benefits that may be paid in respect of any week for which a person has received or is entitled to receive benefits from the provincial plan are reduced by an amount equal to those provincial benefits in addition to any other deduction provided for.

This section remained the same except for the reference that was removed to the situations where the birth or placement for adoption of a child or the first day of incapacity is prior to December 31, 2000.

This section has been amended to add the requirement of increased insured hours when a violation had been assessed on a previous claim.

This section has been amended to specify the rules in respect with additional extensions of the benefit period when special benefits are paid or when parental benefits are claimed and the child or children are hospitalized.

This new section has been added to specify the rules with respect to extension of the benefit period when combined special benefits are claimed.

These sections have been amended to include the rules respecting the waiting period when the compassionate care benefits are requested.

This section has been amended to include the compassionate care benefits in the benefits for which the claimant may opt out of completing claimant's report.

This section has been amended to include that compassionate care benefits are exempt from the repayment provisions for taxation purposes. The reference to taxation years 1997 to 1999 was removed.

This section has been amended to clarify extension of the benefit period when claimants are participating in work sharing, job creation, approved training or self employment agreement. The outlines have been updated to reflect the current legislation.

Chapter 13 has been amended and a new appendix has been added to Chapter 12 to define the new rules respecting the payment of benefits relating to the birth or adoption of a child pursuant to the implementation of the Quebec Parental Insurance Plan as of January 1, 2006.

References to compassionate care benefits have been included as well as the requirements of increased insured hours when a violation had been assessed on a previous claim. 

Chapter 12 has been amended and a new appendix has been added to define the new rules respecting the payment of benefits relating to the birth or adoption of a child pursuant to the implementation of the Quebec Parental Insurance Plan as of January 1, 2006.

This section has been amended to add the requirements of increased insured hours when a violation had been assessed on a previous claim.

Chapter 1
16.1.0
3.3.4
19.1.1

Reference to “Human Resources Development Canada (HRDC)” has been changed to “Human Resources and Social Development Canada (HRSDC).”

Reference to “HRSD” has been changed to “HRSDC”

In order to have consistency in all our documents the French terminology used for Compassionate Care Benefits has been changed from «Prestations de soignant» to read to «Prestations de compassion».

Jurisprudence added in support of the fact that the decision to terminate a benefit period is irrevocable once the claimant has been advised of the advantages and disadvantages involved in the decision.

Requalifier Exemption for Pension Earnings

Text now mentions that insured hours accumulated during period that pension bridging benefits are paid or payable count towards the pension requalifier exemption. Section also reorganized for clarity purposes.

Pension Bridging Benefits

The policy on Pension bridging benefits has been amended to remove the requirement that bridging benefits be paid along with a pension in order to be allocated in the same manner as a pension.

Under the new policy bridging benefits paid out of general company revenue can be considered a pension bridging benefit if  three conditions are met.

Reference to the Meechan  decision on the relinquishment of    reinstatment rights was also added to sections 5.12.0, 5.12.2, 5.12.11 and 5.12.11.3

Lay-off and non-exercise of seniority rights- Employers and representatives of their employees occasionally reach agreements whereby employees temporarily relinquish their seniority rights during lay-offs.

If an agreement is reached with the conditions described herein, we can conclude that it is a lay-off.

Policy based on Federal Court of appeal decisions Leung A-328-03 and Genarelli A-346-03. Courts established that when a claimant works concurrently in part-time and full-time employment and leaves the part-time employment with the expectation that the full-time employment will continue, then the VL from the part-time employment is with just cause. This is so even if the full-time employment ends unexpectedly after the decision to leave the part-time work has been made. It is the expectation that the full-time employment would continue that was the important consideration for the Court.

New  Chapter on principles surrounding Compassionate Care Benefits.

Amendments were made to these sections of the Chapter to clarify the notion that if a teacher is under a contract in teaching, benefits are not payable - other than maternity, parental or compassionate care benefits - for any non-teaching period   – unless the teacher qualifies for benefits using employment other than teaching.

The section - Who is subject to the disentitlement -is new and was added for clarity purposes.

The National Policy on false or misleading statements made knowingly has been modified in June 2005.  The new policy has been included as an Annex to Chapter 18 for ease of reference. The following sections of Chapter 18 have been amended: 18.1.2, 18.4.0, 18.4.1, 18.5.0, 18.5.1, 18.5.2, 18.5.2.1, 18.5.2.3 and 18.6.0.

The chapter has been rewritten in its entirety. It does not contain any new guidelines but incorporates all the national memos issued on the subject since year 2000.

Changes made as per CUB 60638 (M. Wiebe). See also 5.5.2.2 below.

Section reorganized in order to make a clear distinction between approved SUB plan and the others (maternity, parental, compassion; EIR 38).

Text now mentions compassionnate care benefits.

Changes made as per CUB 60638, M. Wiebe. CUB goes against the current interpretation. SUB plans under section 38 EIR for maternity, parental or compassionate care benefits is not earnings even if it comes from a person other than the employer. Furthermore, only the amount exceeding the total of SUB plus EI benefits is earnings (before this new interpretation, this total was completely deducted).

Text now mentions compassionnate care benefits.

Section reorganized in order to make a clear distinction between approved SUB plan and the others (maternity, parental, compassion; EIR 38).