Employment Insurance Regulations - Amendments
AMENDMENTS TO THE EMPLOYMENT INSURANCE REGULATIONS
SOR/2002-154
11 April, 2002
AMENDMENTS
1. (1) The portion of subsection 17.1(4) of the Employment Insurance Regulations 1 before paragraph (a) is replaced by the following:
(4) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska-Charlotte, the applicable regional rate of unemployment is the greater of
(2) The portion of subsection 17.1(5) of the Regulations before paragraph (a) is replaced by the following:
(5) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska-Charlotte, the applicable regional rate of unemployment is the greater of
(3) The portion of subsection 17.1(6) of the Regulations before paragraph (a) is replaced by the following:
(6) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 13, 2002 and ending on October 11, 2003, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska-Charlotte, the applicable regional rate of unemployment is the greater of
(4) The portion of subsection 17.1(7) of the Regulations before paragraph (a) is replaced by the following:
(7) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 13, 2002 and ending on October 11, 2003, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska-Charlotte, the applicable regional rate of unemployment is the greater of
(5) The portion of subsection 17.1(10) of the Regulations before paragraph (a) is replaced by the following:
(10) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of
(6) The portion of subsection 17.1(11) of the Regulations before paragraph (a) is replaced by the following:
(11) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of
(7) The portion of subsection 17.1(12) of the Regulations before paragraph (a) is replaced by the following:
(12) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 13, 2002 and ending on October 11, 2003, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of
(8) The portion of subsection 17.1(13) of the Regulations before paragraph (a) is replaced by the following:
(13) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 13, 2002 and ending on October 11, 2003, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of
2. Paragraphs 23(1)(a) and (b) 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 shall be allocated in the following manner:
(i) if the remuneration is paid in respect of work performed during the pay period, it shall be allocated to that pay period in proportion to the hours worked during each day of the period,
(ii) if the remuneration is paid in respect of a period of leave, it shall be allocated to that period at the rate at which the period was compensated,
(iii) if the remuneration is paid in respect of a period of leave in the form of a lump-sum payment calculated on a basis other than the length of the period of leave, it shall be allocated proportionately over the whole period;
(b) overtime pay, shift premiums, pay adjustments, retroactive pay increases, bonuses, gratuities, accumulated sick leave credits, incentive payments, cost of living allowances, separation payments, and wages in lieu of notice and vacation pay not paid in respect of a pay period shall be allocated proportionately over the pay period in which they are paid;
(c) any other remuneration not paid in respect of a pay period and not covered by paragraphs (a) and (b) shall be allocated proportionally over the pay period in which it is paid; and
(d) remuneration that remains unpaid for reasons described in subsection 2(2) of the Insurable Earnings and Collection of Premiums Regulations shall be allocated under paragraphs (a) to (c) in the same manner as if it had actually been paid in the normal course of business.
3. Subsection 31(2) of the Regulations is replaced by the following:
(2) When the number of hours, days or shifts referred to in subsection (1) is the number that is normally worked by persons in part-time employment and is less than the number of hours, days or shifts normally worked in a calendar week by persons employed in full-time employment in the employment that is closest in nature to the claimant's employment, the claimant is considered to have worked a full working week when the claimant has worked the number of hours, days or shifts that are normally worked by a person in full-time employment.
4. Subsection 34(1) of the Regulations is replaced by the following:
34. (1) For the purposes of this section, "cohabitating spouse or common-law partner" has the same meaning as in section 122.6 of the Income Tax Act.
5. Subsection 35(6) of the Regulations is replaced by the following:
(6) Notwithstanding subsection (2), the earnings referred to in subsection 36(9) and allowances that would not be deducted from benefits by virtue of subsection 16(1) are not earnings to be taken into account for the purposes of section 14.
6. Subsection 37(1) of the Regulations is replaced by the following:
37. (1) Subject to the other provisions of this section, payments received by a claimant under a supplemental unemployment benefit plan are not earnings for the purposes of section 19, subsection 21(3) or section 45 or 46 of the Act.
7. Subsection 53(3) of the Regulations is replaced by the following:
(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 before and during the stoppage of work for the purpose of offsetting the effects of the stoppage.
8. Section 84 of the Regulations is replaced by the following:
84. Benefits are not payable in accordance with a decision of a board of referees if, within 21 days after the day on which a decision is given, the Commission appeals to the umpire on the ground that the board has erred in law.
COMING INTO FORCE
9. These Regulations come into force on the day on which they are registered.
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1SOR/96-332
