Employment Insurance Regulations - Amendments

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interpretation

1. (1) The definitions in this subsection apply in these Regulations.

(2) For the purposes of these Regulations and section 5 of the Act, "international organization" means

insurable employment

Employment Included in Insurable Employment

2. (1) Employment in Canada by Her Majesty in right of a province that would, except for paragraph 5(2)(c) of the Act, be insurable employment is included in insurable employment if the government of the province enters into an agreement with the Commission whereby that government agrees to waive exclusion and to insure all its employees engaged in such employment.

(2) For greater certainty, employment in Canada by Her Majesty in right of a province, for the purposes of subsection (1), includes only employment in Canada of employees who are appointed and remunerated under an Act governing that province's public service, or who are employed in Canada by a corporation, commission or other body that is an agent of Her Majesty in right of the province.

3. (1) Employment in Canada by the government of a country other than Canada or of any political subdivision of that other country, or by an international organization, that would, except for paragraphs 5(2)(d) and (e) of the Act, be insurable employment, may be included in insurable employment if the employing government or the international organization, as the case may be, consents in writing to its inclusion.

(2) Where a consent has been given pursuant to the Unemployment Insurance Regulations, as they read immediately before June 30, 1996, and has not been revoked, it shall be considered to be a consent referred to in subsection (1).

4. Employment on a ship outside Canada or partly outside Canada that would be insurable employment if it were in Canada is included in insurable employment if that employment is

5. Employment outside Canada, other than employment on a ship described in section 4, is included in insurable employment if

6. Employment in any of the following employments, unless it is excluded from insurable employment by any provision of these Regulations, is included in insurable employment:

Employment Excluded from Insurable Employment

7. The following employments are excluded from insurable employment:

8. (1) Subject to subsection (2), the following employments are excluded from insurable employment:

(2) Where an employment that is excluded from insurable employment under paragraph (1)(a), (b) or (c) is for a number of days that exceeds the number of days referred to in that paragraph, the employment is insurable employment beginning on the day it begins.

9. (1) The definitions in this subsection apply in this section.

(2) The employment of a person by an employer in agriculture, an agricultural enterprise or horticulture that would otherwise be insurable is excluded from insurable employment if the person

PART I

UNEMPLOYMENT BENEFITS

Hours of Insurable Employment - Methods of Determination

10. (1) Where a person's earnings are not paid on an hourly basis but the employer provides evidence of the number of hours that the person actually worked in the period of employment and for which the person was remunerated, the person is deemed to have worked that number of hours in insurable employment.

(2) Where there is doubt or lack of specific knowledge on the part of the employer as to the actual hours of work performed by a worker or by a group of workers, the employer and the worker or group of workers may, subject to subsection (3) and as is reasonable in the circumstances, agree on the number of hours of work that would normally be required to gain the earnings referred to in subsection (1), and, where they do so, each worker is deemed to have worked that number of hours in insurable employment.

(3) Where the number of hours agreed to by the employer and the worker or group of workers under subsection (2) is not reasonable or no agreement can be reached, each worker is deemed to have worked the number of hours in insurable employment established by the Minister of National Revenue, based on an examination of the terms and conditions of the employment and a comparison with the number of hours normally worked by workers performing similar tasks or functions in similar occupations and industries.

(4) Where a person's earnings are not paid on an hourly basis but are paid periodically, intermittently or at random intervals by the piece, commission or lump sum amounts and the actual hours of insurable employment in the period of employment are not known or ascertainable by the employer, the person, subject to subsection (5), is deemed to have worked in insurable employment during the period of employment for the number of hours obtained by dividing the total earnings for the period of employment by the minimum wage applicable, on January 1 of the year in which the earnings were payable, in the province where the work was performed.

(5) In the absence of evidence indicating that overtime or excess hours were worked, the maximum number of hours of insurable employment which a person is deemed to have worked where the number of hours is calculated in accordance with subsection (4) is seven hours per day up to an overall maximum of 35 hours per week.

(6) An hour of work performed in insurable employment is considered a single hour of insurable employment, even if the hour of work is remunerated at an overtime rate of pay.

(7) Where the addition of hours of insurable employment falling between the first day and the last day worked in any given period of employment results in a total number of hours that contain a fraction of an hour, the fraction shall be counted as a whole hour.

11. (1) Where an insured person is employed on a full-time basis for and remunerated for less than 35 hours per week in an occupation in which the maximum number of hours of full-time work per week is limited by federal or provincial statutes or regulations made under those statutes to less than 35 hours, the insured person is deemed to be employed in insurable employment for 35 hours per week.

(2) Subject to section 10, an insured person who is a full-time member of the armed forces or of a police force 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.

Prescribed Hours and Prescribed Weeks

12. (1) For the purposes of paragraph 7(4)(c) of the Act, the number of prescribed hours for any of the following weeks is 35 hours:

(2) For the purposes of subsection 14(4) of the Act, a prescribed week is

(3) For the purposes of subsections (1) and (2), where a week is taken into account under any paragraph or subparagraph of subsection (1) or (2), or where that week coincides with a week of benefits paid, that week may not be taken into account under any other paragraph or subparagraph of that subsection.

Average Number of Weeks for Paragraph 7.1(6)(b) of the Act

13. For the purpose of paragraph 7.1(6)(b) of the Act, the average number of weeks of regular benefits of a claimant is the maximum number of weeks for which benefits may be paid to the claimant under section 85 of the Unemployment Insurance Regulations or subsection 12(2) of the Act, less the number of weeks of benefits paid to the claimant, including the weeks of benefits used to establish the overpayment under paragraph 7.1(6)(a) of the Act, with the result divided by two.

Interruption of Earnings

14. (1) Subject to subsections (2) to (7), an interruption of earnings occurs where, following a period of employment with an employer, an insured person is laid off or separated from that employment and has a period of seven or more consecutive days during which no work is performed for that employer and in respect of which no earnings that arise from that employment, other than earnings described in subsection 36(13), are payable or allocated.

(2) An interruption of earnings from an employment occurs in respect of an insured person at the beginning of a week in which a reduction in earnings that is more than 40 per cent of the insured person's normal weekly earnings occurs because the insured person ceases to work in that employment by reason of illness, injury, quarantine, pregnancy or the need to care for a child or children referred to in subsection 23(1) of the Act.

(3) A period of leave referred to in subsection 11(4) of the Act does not constitute an interruption of earnings, regardless of whether the person is remunerated for that period of leave.

(4) Where an insured person is employed under a contract of employment under which the usual remuneration is payable in respect of a period greater than a week, no interruption of earnings occurs during that period, regardless of the amount of work performed in the period and regardless of the time at which or the manner in which the remuneration is paid.

(5) An interruption of earnings in respect of an insured person occurs

(6) A period of leave referred to in subsection 11(3) of the Act does not constitute an interruption of earnings, regardless of the time at which or the manner in which remuneration is paid.

(7) Where an insured person accepts less remunerative work with their employer and as a consequence receives a wage supplement under a provincial law intended to provide indemnity payments where the continuation of a person's work represents a physical danger to them, to their unborn child or to the child they are breast-feeding, an interruption of earnings occurs on the insured person's last day of work before the beginning of the less remunerative work.

 

Undeclared Earnings Referred to in Subsection 19(3) of the Act

15. (1) In this section, "employment" has the same meaning as in subsection 35(1).

(2) The earnings to be taken into account for the purposes of subsection 19(3) of the Act are wages, salary and commissions from any employment and payments for the performance of services or for the sale or provision of a product or service in the course of employment, and shall not include any lump sum payments not directly attributable to the period of employment referred to in subsection (4) or payments made by reason of layoff or separation from employment.

(3) Where a claimant has failed to declare any earnings referred to in subsection (2), the earnings shall be allocated to the period of employment referred to in subsection (4).

(4) For the purposes of subsection 19(3) of the Act,

(5) Where earnings have been declared by a claimant in respect of weeks for which they were not earned, the period referred to in paragraph (4)(a) or (b) includes any week for which earnings were not declared and benefits were claimed.

Deductions for Earnings or Allowances While on a Course or Program of Instruction or Training

16. (1) Subject to subsection (2), an amount equal to the total amount of any allowances payable to a claimant for attending a course or program of instruction or training, other than a course or program to which the Commission or an authority designated by the Commission has referred the claimant, shall be deducted from the benefits payable to the claimant in respect of any week of unemployment

(2) The allowances referred to in subsection (1) do not include any amounts paid in respect of dependant care, travel, commuting or a living-away-from-home or disability allowance.

(3) The total amount of the earnings and allowances paid under Part II of the Act shall be deducted from the benefits payable to a claimant in respect of those weeks where the claimant

Rates of Unemployment

17. (1) Subject to subsection (2), the regional rate of unemployment that applies to a claimant is the average of the seasonally adjusted monthly rates of unemployment for the last three-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act

(2) Where a claimant referred to in paragraph (1)(a) ordinarily resides so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant resides, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

(3) Where a claimant referred to in paragraph (1)(b) was last employed in insurable employment in Canada so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant was employed, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

(4) The seasonally adjusted monthly rate of unemployment referred to in subsection (1) shall be obtained by using the regional rates of unemployment produced by Statistics Canada that incorporate an estimate of the rates of unemployment for status Indians living on Indian reserves.

Regions

18. (1) The regions described in Schedule I are hereby established for the purposes of Parts I and VIII of the Act.

(2) The Commission shall, at least once every five years after the coming into force of subsection (1), review the boundaries of the regions established by that subsection for the purpose of determining if it is appropriate to make changes to those boundaries.

Information Relating to Employment History

Record of Employment

19. (1) In subsections (2) to (4), "employer" includes a bankrupt employer or the trustee of a bankrupt employer.

(2) Every employer shall complete a record of employment, on a form supplied by the Commission, in respect of a person employed by the employer in insurable employment who has an interruption of earnings.

(3) Subject to subsection (4), copies of the record of employment completed pursuant to subsection (2) shall be distributed by the employer in the following manner:

(4) Where, for reasons beyond the employer's control, an employer is unable to deliver the employee's copy of the completed record of employment to the insured person within the time limit set out in paragraph (3)(a), the employer shall

(5) Where an employer has failed to deliver a record of employment to an insured person or to the Commission or the employer is not available or is unable to provide information respecting the record of hours of insurable employment and the insurable earnings of that person because the employer's records are destroyed or lost, the person, on becoming a claimant, may provide, in respect of their hours of insurable employment and insurable earnings, a statement containing evidence of the hours and earnings.

(6) Where a bankrupt employer or the trustee of a bankrupt employer has not provided a record of employment to an insured person or to the Commission, the Commission shall, in respect of that person, determine the number of hours of insurable employment and the amount of insurable earnings for benefit purposes on the basis of the payroll and personnel records of the bankrupt employer provided by the trustee.

Hours of Insurable Employment for Record of Employment

20. The number of hours of insurable employment reported in a

record of employment with respect to an insured person shall be determined pursuant to Part I of the Act and any regulations made under that Part.

Insurable Earnings

21. The insurable earnings reported in a record of employment with respect to an insured person shall be determined pursuant to Parts III and IV of the Act and any regulations made under those Parts and allocated in accordance with section 23.

Allocation of Hours of Insurable Employment to the Qualifying Period

22. Where any period of employment falls partially within a claimant's qualifying period, the Commission shall, unless the claimant or employer provides evidence of the number of hours actually worked within the qualifying period, allocate the total number of hours worked by the claimant proportionately over the whole period of employment, on the basis that the claimant worked the same number of hours on each of the seven days of each week.

Allocation of Insurable Earnings to a Rate Calculation Period

23. (1) For the purposes of section 14 of the Act, insurable earnings shall be allocated to a rate calculation period in the following manner:

(2) Where an insured person is employed on the basis of a contract and is paid insurable earnings under the contract in one or more pay periods that do not cover the entire term of the contract, the insurable earnings shall be allocated equally over the term of the contract.

(3) Where the remuneration of an insured person consists solely of commissions or of salary and irregularly paid commissions, the person's insurable earnings shall be allocated equally over the shorter of the period of employment and the last 52 weeks of the employment.

(4) Where an insured person has insurable earnings to which none of subsections (1) to (3) apply, the insurable earnings shall be allocated over the shorter of the period of employment and the last 52 weeks of the employment.

(5) Where the insurable earnings of an insured person for a pay period that is running at the time the insured person is laid off or separated from employment cannot be ascertained with accuracy, the employer may estimate the person's insurable earnings for that period.

24. Where any period of employment falls partially within the claimant's rate calculation period, the Commission shall, unless presented by the claimant or the employer with evidence of the amount of insurable earnings actually earned in the rate calculation period, allocate the amount of insurable earnings proportionately over the whole period of employment, on the basis that the claimant earned the same amount of insurable earnings for each of the seven days of each week.

Week of Regular Benefits

25. (1) For the purposes of sections 15 and 145 of the Act, a claimant is considered to have been paid a week of regular benefits when the total of the percentages of regular benefits paid for one or more weeks of unemployment equals 100.

(2) For the purposes of subsection (1), the percentage of regular benefits paid for a week shall be obtained by dividing the amount of the regular benefits paid to the claimant for that week by the rate of weekly benefits applicable to that week.

Claim for Benefits

26. (1) Subject to subsection (2), a claim for benefits for a week of unemployment in a benefit period shall be made by a claimant within three weeks after the week for which benefits are claimed.

(2) Where a claimant has not made a claim for benefits for four or more consecutive weeks, the first claim for benefits after that period for a week of unemployment shall be made within one week after the week for which benefits are claimed.

Persons with Mental Disabilities, Incapacitated Persons and Deceased Persons

27. (1) Where an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission on behalf of a person with mental disabilities or an incapacitated person, the Commission shall authorize payment of the benefits to any person acting on behalf of the person if the person on whose behalf the claim is made meets the requirements of Part I or VIII of the Act.

(2) Where an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission by the legal representative of a deceased person, the Commission shall authorize payment of the benefits to the legal representative where the deceased person, at the time of death, met the requirements of Part I or VIII of the Act.

(3) For the purposes of subsection (2), "legal representative" means the executor or administrator of the estate of the deceased person.

(4) Notwithstanding subsection (2), any person entitled to succeed to the property of a deceased person may make a claim for benefits, in accordance with subsections (5) and (6), which benefits are payable to the person where the total value of the estate of the deceased person is not sufficient to warrant obtaining

(5) The claim for benefits referred to in subsection (4) shall be made on a form supplied by the Commission and shall include

(6) When making a claim for benefits referred to in subsection (4), the applicant shall also submit

Payments in Advance

28. The Commission may pay benefits for a week of unemployment to a claimant in advance of the customary time for paying benefits where

Employed Person Working a Full Working Week

29. (1) A claimant is considered to have worked a full working week during each week in the two-week period reported on in the declaration filed when making a claim for benefits where the claimant

(2) Notwithstanding section 31, a claimant who is employed in farming or horticulture is considered to have worked a full working week during any week in which the claimant works

(3) Where, in any week, a claimant does not work on a holiday or, by reason of a holiday, does not work on the working day that immediately precedes or immediately follows that holiday, the claimant shall be regarded as having worked a full working week if, on each of the remaining working days in that week, the claimant works a number of hours at least equal to the number that the claimant would normally work.

(4) Where an insured person is employed under a contract of employment under which the usual remuneration is payable in respect of a period greater than a week, regardless of the amount of work performed in the period, each week that falls wholly in that period is a full working week for the person.

Self-employed Person Working a Full Working Week

30. (1) Subject to subsections (2) and (3), where during any week a claimant is self-employed or engaged in the operation of a business on the claimant's own account or in a partnership or co-adventure, or is employed in any other employment in which the claimant controls their working hours, the claimant is considered to have worked a full working week during that week.

(2) Where a claimant is employed or engaged in the operation of a business as described in subsection (1) to such a minor extent that a person would not normally rely on that employment or engagement as a principal means of livelihood, the claimant is, in respect of that employment or engagement, not regarded as working a full working week.

(3) The circumstances to be considered in determining whether the claimant's employment or engagement in the operation of a business is of the minor extent described in subsection (2) are

(4) Where a claimant is employed in farming and subsection (2) does not apply to that employment, the claimant shall not be considered to have worked a full working week at any time during the period that begins with the week in which October 1st falls and ends with the week in which the following March 31 falls, if the claimant proves that during that period

Working Week

31. (1) A working week of a claimant, other than a claimant referred to in section 30, is the number of hours, days or shifts normally worked in a calendar week by persons in the claimant's grade, class or shift at the factory, workshop or other premises at which the claimant is or was employed.

(2) Where 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's working week is considered to be a week of full-time employment in that employment.

(3) The working week of a claimant, other than a claimant referred to in section 30, who is remunerated on a piece, mileage or other unit rate is the number of days normally worked in a calendar week by persons in the claimant's grade, class or shift at the factory, workshop or other premises at which the claimant is or was employed.

Working Day

32. For the purposes of section 18 of the Act, a working day is any day of the week except Saturday and Sunday.

Additional Conditions and Terms in Relation to Teachers

33. (1) The definitions in this subsection apply in this section.

(2) A claimant who was employed in teaching for any part of the claimant's qualifying period is not entitled to receive benefits, other than those payable under sections 22 and 23 of the Act, for any week of unemployment that falls in any non-teaching period of the claimant unless

(3) Where a claimant who was employed in teaching for any part of the claimant's qualifying period qualifies to receive benefits in respect of employment in an occupation other than teaching, the amount of benefits payable for a week of unemployment that falls within the claimant's non-teaching period shall be limited to the amount that is payable in respect of the employment in that occupation.

Family Supplement ? Rate Increase

34. (1) For the purposes of this section, "adjusted income", "base taxation year" and "cohabiting spouse" have the same meanings as in section 122.6 of the Income Tax Act.

(2) For the purposes of this section, a child tax benefit is a deemed to be an 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 any amendments after that date in relation to the child tax benefit as announced in the Budget of March 6, 1996.

(3) Where a claimant establishes, in the manner directed by the Commission under section 16 of the Act, that the claimant or the claimant's cohabiting spouse is in receipt of a child tax benefit for the month preceding the Sunday of the week in respect of which the claimant makes a claim for benefits, the claimant's rate of weekly benefits for that week shall be increased by the amount of a family supplement determined in accordance with this section.

(4) The claimant's rate of weekly benefits for a week shall not be increased under this section if benefits are also payable to the claimant's cohabiting spouse for that week at a rate increased under this section.

(5) The family supplement is the amount, rounded off to the nearest dollar, determined by the following formula:

A - (A x B)

5,000

where

(6) The amount of the family supplement shall not exceed the following percentage of the claimant's weekly insurable earnings:

(7) The percentage for the purpose of the description of A in subsection (5) is 100 per cent.

Determination of Earnings for Benefit Purposes

35. (1) The definitions in this subsection apply in this section.

(2) Subject to the other provisions of this section, the earnings to be taken into account for the purpose of determining whether an interruption of earnings has occurred and the amount to be deducted from benefits payable under section 19 or subsection 21(3), 22(5) or 23(3) of the Act, and for the purposes of sections 45 and 46 of the Act, are the entire income of a claimant arising out of any employment, including

(3) Where, subsequent to the week in which an injury referred to in paragraph (2)(d) occurs, a claimant has accumulated the number of hours of insurable employment required by section 7 or 7.1 of the Act, the payments referred to in that paragraph shall not be taken into account as earnings.

(4) Notwithstanding subsection (2), the payments a claimant has received or, on application, is entitled to receive under a group sickness or disability wage-loss indemnity plan or a workers' compensation plan are not earnings to be taken into account for the purpose of subsection 14(2).

(5) Notwithstanding subsection (2), the moneys referred to in paragraph (2)(e) are not earnings to be taken into account for the purposes of section 14.

(6) Notwithstanding subsection (2), the earnings referred to in subsection 36(9) are not earnings to be taken into account for the purposes of section 14.

(7) That portion of the income of a claimant that is derived from any of the following sources does not constitute earnings for the purposes referred to in subsection (2):

(8) For the purposes of paragraphs (2)(c) and (7)(b), a sickness or disability wage-loss indemnity plan is not a group plan if it is a plan that

(9) For the purposes of subsection (8), "portable", in respect of a plan referred to in that subsection, means that the benefits to which an employee covered by the plan is entitled and the rate of premium that the employee is required to pay while employed by an employer will remain equivalent if the employee becomes employed by any other employer within the same occupation.

(10) For the purposes of paragraph (2)(a), "income" includes

(11) Subject to subsection (12), the value of the benefits referred to in paragraph (10)(d) shall be the amount fixed by agreement between the claimant and the claimant's employer and shall be an amount that is reasonable in the circumstances.

(12) Where the claimant and the employer do not agree on the value of the benefits referred to in paragraph (10)(d), or where the value fixed for those benefits by agreement between the claimant and the claimant's employer is not reasonable in the circumstances, the value shall be determined by the Commission based on the monetary value of the benefits.

(13) The value of living quarters referred to in paragraph (10)(d) includes the value of any heat, light, telephone or other benefits included with the living quarters.

(14) Where the value of living quarters is determined by the Commission, it shall be computed on the rental value of similar living quarters in the same vicinity or district.

(15) Where the remuneration of a claimant is not pecuniary or is only partly pecuniary and all or part of the non-pecuniary remuneration consists of any consideration other than living quarters and board furnished by the employer, the value of that consideration shall be included in determining the claimant's income.

(16) For the purposes of this section, living quarters means rooms or any other living accommodation.

Allocation of Earnings for Benefit Purposes

36. (1) Subject to subsection (2), the earnings of a claimant as determined under section 35 shall be allocated to weeks in the manner described in this section and, for the purposes referred to in subsection 35(2), shall be the earnings of the claimant for those weeks.

(2) For the purposes of this section, the earnings of a claimant shall not be allocated to weeks during which they did not constitute earnings or were not taken into account as earnings under section 35.

(3) Where the period for which earnings of a claimant are payable does not coincide with a week, the earnings shall be allocated to any week that is wholly or partly in the period in the proportion that the number of days worked in the week bears to the number of days worked in the period.

(4) Earnings that are payable to a claimant under a contract of employment for the performance of services shall be allocated to the period in which the services were performed.

(5) Earnings that are payable to a claimant under a contract of employment without the performance of services or payable by an employer to a claimant in consideration of the claimant returning to or beginning work shall be allocated to the period for which they are payable.

(6) The earnings of a claimant who is self-employed in employment other than farming, or the earnings of a claimant that are from participation in profits or commissions, shall be allocated to the week in which the services that gave rise to those earnings are performed and, where the earnings arise from a transaction, they shall be allocated to the week in which the transaction occurred.

(7) The earnings of a claimant who is self-employed in farming shall be allocated

(8) Where vacation pay is paid or payable to a claimant for a reason other than a lay-off or separation from an employment, it shall be allocated as follows:

(9) Subject to subsections (10) and (11), all earnings paid or payable to a claimant by reason of a lay-off or separation from an employment shall, regardless of the nature of the earnings or the period in respect of which the earnings are purported to be paid or payable, be allocated to a number of weeks that begins with the week of the lay-off or separation in such a manner that the total earnings of the claimant from that employment are, in each consecutive week except the last, equal to the claimant's normal weekly earnings from that employment.

(10) Subject to subsection (11), where earnings are paid or payable to a claimant by reason of a lay-off or separation from an employment subsequent to an allocation under subsection (9) in respect of that lay-off or separation, the subsequent earnings shall be added to the earnings that were allocated and, regardless of the nature of the subsequent earnings or the period in respect of which they are purported to be paid or payable, a revised allocation shall be made in accordance with subsection (9) on the basis of that total.

(11) Where earnings are paid or payable in respect of an employment pursuant to a labour arbitration award or the judgment of a tribunal, or as a settlement of an issue that might otherwise have been determined by a labour arbitration award or the judgment of a tribunal, and the earnings are awarded in respect of specific weeks as a result of a finding or admission that disciplinary action was warranted, the earnings shall be allocated to a number of consecutive weeks, beginning with the first week in respect of which the earnings are awarded, in such a manner that the total earnings of the claimant from that employment are, in each week except the last week, equal to the claimant's normal weekly earnings from that employment.

(12) The following payments shall be allocated to the weeks in respect of which the payments are paid or payable:

(13) A payment received by a claimant in respect of a holiday or non-working day that is observed as such by law, custom or agreement, or a holiday or non-working day immediately preceding or following a holiday or non-working day that occurs at the establishment of the employer or former employer from whom the claimant receives that payment, shall be allocated to the week in which that day occurs.

(14) The moneys referred to in paragraph 35(2)(e) that are paid or payable to a claimant on a periodic basis shall be allocated to the period for which they are paid or payable.

(15) The moneys referred to in paragraph 35(2)(e) that are paid or payable to a claimant in a lump sum shall be allocated beginning with the first week that those moneys are paid or payable to the claimant in such a manner that those moneys are equal in each week to the weekly amount, calculated in accordance with subsection (17), to which the claimant would have been entitled if the lump sum payment had been paid as an annuity.

(16) The moneys allocated in accordance with subsection (14) or (15) shall not be taken into account in the allocation of other earnings under this section.

(17) For the purposes of subsection (15), the weekly amount shall be calculated as the amount of the lump sum payment divided by 1,000 and multiplied by the weekly annuity equivalent, as set out in Schedule II, corresponding to the age of the claimant at the date the lump sum is paid or payable.

(18) Earnings that are payable to a claimant under a government program intended to encourage re-employment and that are payable to the claimant as a supplement to earnings arising from a contract of employment shall be allocated to the period for which they are payable.

(19) Where a claimant has earnings to which none of subsections (1) to (18) apply, those earnings shall be allocated

(20) For the purposes of this section, a fraction of a dollar that is equal to or greater than one half shall be taken as a dollar and a fraction that is less than one half shall be disregarded.

Supplemental Unemployment Benefit Plans

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), 22(5) or 23(3) or section 45 or 46 of the Act.

(2) For the purpose of subsection (1), a supplemental unemployment benefit plan is a plan that

38. The following portion of any payments that are paid because of pregnancy or for the care of a child or children referred to in subsection 23(1) of the Act or any combination of such reasons is excluded as earnings for the purposes of section 35, namely, the portion that

Earnings in the Waiting Period

39. (1) Subject to subsection 19(3) of the Act, if a claimant has earnings in respect of a period that falls in the claimant's waiting period, an amount equal to those earnings shall be deducted from the benefits payable for the first three weeks for which benefits are otherwise payable.

(2) The maximum amount to be deducted under subsection (1) in respect of a claimant's earnings for any one week in the claimant's waiting period is an amount equal to the claimant's rate of weekly benefits.

(3) For the purpose of calculating the earnings of a claimant during the waiting period, no account shall be taken of amounts paid or payable

Sickness

40. (1) The information and evidence to be provided to the Commission by a claimant in order to prove inability to work because of illness, injury or quarantine pursuant to paragraph 18(b) of the Act, is a medical certificate completed by a medical doctor or other medical professional attesting to the claimant's inability to work and stating the probable duration of the illness, injury or quarantine.

(2) Notwithstanding that a certificate is provided by a claimant pursuant to subsection (1), the Commission may require a claimant to undergo a medical examination at such time and place as it may reasonably direct for the purpose of determining the nature of the illness, injury or quarantine, the physical or mental condition of the claimant, the probable duration of the inability to work and any other circumstances relating to that inability.

(3) A medical examination referred to in subsection (2) shall be made at the expense of the Commission and a claimant who undergoes such an examination shall be reimbursed for their reasonable travel and other expenses.

(4) For the purposes of paragraphs 8(2)(a) and 18(b) and subsection 28(7) of the Act, illness, injury or quarantine is any illness, injury or quarantine that renders a claimant incapable of performing the duties of their regular or usual employment or of other suitable employment.

(5) A pregnancy that is terminated within the first 19 weeks is an illness for the purposes of paragraph 18(b) of the Act.

(6) The Commission may waive the waiting period in respect of the benefit period of a claimant if

Pregnancy

41. (1) For the purpose of section 22 of the Act, the information and evidence to be provided to the Commission by a claimant to prove pregnancy and the expected date of confinement is

(2) For the purposes of paragraph 8(2)(a) of the Act, a pregnancy is any pregnancy that renders a claimant incapable of performing the duties of her regular or usual employment or of other suitable employment.

Work-Sharing Benefits

42. Work-sharing benefits are payable to a claimant who is employed in work-sharing employment for each week of unemployment that falls in a benefit period established for the claimant and, subject to this Part, the Act and any regulations made under the Act apply to the claimant, with such modifications as the circumstances require.

43. An interruption of earnings occurs, in respect of a person employed in work-sharing employment, at the beginning of the week in which there is a reduction of at least 10 per cent in the person's normal weekly earnings.

44. A claimant is not entitled to work-sharing benefits for any week for which the claimant claims benefits under section 12 of the Act.

45. Where a benefit period has been established in respect of a claimant and for any week during that benefit period the claimant is employed in work-sharing employment, the benefit period shall be extended by the total of those weeks and subsection 10(12) of the Act shall apply, with such modifications as the circumstances require.

46. Where a claimant becomes employed in work-sharing employment and a waiting period or any portion of that period has not been served by the claimant as required by section 13 of the Act or earnings have not been deducted as required by subsection 19(1) of the Act, the serving of the period or the deduction of the earnings shall be deferred until that employment has terminated.

47. (1) Earnings received for any week by a claimant from work-sharing employment shall not be deducted from the work-sharing benefits payable pursuant to section 24 of the Act.

(2) Where a claimant receives earnings for any week other than by reason of work-sharing employment, there shall be deducted from the work-sharing benefits payable to the claimant in respect of that week the amount of the earnings that exceeds

48. The rate of weekly benefits payable to a claimant employed under a work-sharing agreement approved by the Commission for the purposes of section 24 of the Act is an amount that bears the same ratio to the claimant's rate of weekly benefits determined pursuant to section 14 of the Act that

bears to

49. Work-sharing benefits shall not be taken into account for the purposes of paragraph 10(8)(c) of the Act or for determining the benefits payable under sections 22 and 23 of the Act.

Employment Benefits

50. The following employment benefits are prescribed for the purposes of subparagraph 25(1)(b)(i) of the Act:

Work-force Reduction Process

51. (1) Subject to the Act and these Regulations, but notwithstanding section 30 of the Act, a claimant who has left employment in accordance with an employer work-force reduction process that preserves the employment of co-workers may be paid benefits where

(2) For the purposes of subsection (1), an employer work-force reduction process is a process

Loss of Part-time Employment Due to Work Stoppage

52. (1) Subject to subsection (2), where a claimant loses a part-time employment or is unable to resume a part-time employment for any reason mentioned in subsection 36(1) of the Act, the maximum number of days of disentitlement of the claimant is five days per week ending on the occurrence, in respect of the part-time employment, of an event referred to in paragraph 36(1)(a) or (b) of the Act.

(2) Where a claimant loses a part-time employment or is unable to resume a part-time employment for any reason mentioned in subsection 36(1) of the Act, the number of days of disentitlement of the claimant in a week is, for the percentage that is set out in column I of the table to this subsection and that is the ratio between the claimant's average weekly insurable earnings in that part-time employment and the weekly insurable earnings as determined under section 14 of the Act, the corresponding number of days of disentitlement set out in column II of that table, ending on the occurrence, in respect of the part-time employment, of an event referred to in paragraph 36(1)(a) or (b) of the Act.

table

Column I	Column II
Percentage	Number of Days of Disentitlement
more than 0 but not more than 10	0
more than 10 but not more than 30	1
more than 30 but not more than 50	2
more than 50 but not more than 70	3
more than 70 but not more than 90	4
more than 90	5

Termination of Work Stoppage

53. (1) For the purposes of section 36 of the Act and subject to subsection (2), a stoppage of work at a factory, workshop or other premises is terminated when

(2) Where, in respect of a stoppage of work, an occurrence prevents the attainment of at least 85 per cent of the normal level of the work-force or activity in respect of the production of goods or services at a factory, workshop or other premises, the stoppage of work terminates

(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 during the stoppage of work for the purpose of offsetting the effects of the stoppage.

Claimants Who Are Inmates of an Institution

54. A claimant who is an inmate of a prison or similar institution and who has been granted parole, day parole, temporary absence or a certificate of availability, for the purpose of seeking and accepting employment in the community, is not disentitled from receiving benefits by reason only of section 37 of the Act.

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

(2) For the purposes of subsection (1),

(3) In paragraph (2)(a), "spouse" has the same meaning as in the Income Tax Act.

(4) A claimant is not disentitled from receiving benefits in respect of pregnancy or the care of a child or children referred to in subsection 23(1) 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

(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

(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

table

	Column I	Column II
Item	Number of Hours of Insurable Employment	Number of Weeks of Benefits
1.	420 - 454	10
2.	455 - 489	10
3.	490 - 524	11
4.	525 - 559	11
5.	560 - 594	12
6.	595 - 629	12
7.	630 - 664	13
8.	665 - 699	13
9.	700 - 734	14
10.	735 - 769	14
11.	770 - 804	15
12.	805 - 839	15
13.	840 - 874	16
14.	875 - 909	16
15.	910 - 944	17
16.	945 - 979	17
17.	980 - 1,014	18
18.	1,015 - 1,049	18
19.	1,050 - 1,084	19
20.	1,085 - 1,119	19
21.	1,120 - 1,154	20
22.	1,155 - 1,189	20
23.	1,190 - 1,224	21
24.	1,225 - 1,259	21
25.	1,260 - 1,294	22
26.	1,295 - 1,329	22
27.	1,330 - 1,364	23
28.	1,365 - 1,399	23
29.	1,400 - 1,434	24
30.	1,435 - 1,469	25
31.	1,470 - 1,504	26
32.	1,505 - 1,539	27
33.	1,540 - 1,574	28
34.	1,575 - 1,609	29
35.	1,610 - 1,644	30
36.	1,645 - 1,679	31
37.	1,680 - 1,714	32
38.	1,715 - 1,749	33
39.	1,750 - 1,784	34
40.	1,785 - 1,819	35
41.	1,820 or more	36

(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

(10) A claimant who is not in Canada or a claimant referred to in subsection (8) may, in a benefit period, combine weeks of benefits to which the claimant is entitled under paragraph (7)(a) and under paragraph (7)(b) or under subsection (9), but if the claimant is entitled under paragraph (7)(b) or subsection (9)

(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.

Write-off of Benefits Wrongly Paid

56. (1) A penalty owing under section 38, 39 or 65.1 of the Act or an amount owing under section 43, 45, 46, 46.1 or 65 of the Act may be written off by the Commission if

(2) That portion of an amount owing under section 47 or 65 of the Act in respect of benefits received more than 12 months before the Commission notifies the debtor of the overpayment may be written off by the Commission if

Deductions from Benefits for Payments to Governments and Authorities

 

57. (1) In this section, "deduction" means a deduction from benefits that is made by the Commission pursuant to subsection 42(3) of the Act.

(2) No deduction shall be made in respect of any advance or assistance or welfare payment paid by the Government of Canada or any of its agencies, a provincial or municipal government or any other authority prescribed by this section, unless

(3) The Commission may at any time terminate an arrangement entered into pursuant to subsection (2).

(4) The council of an Indian band, referred to as a "council of the band" in subsection 2(1) of the Indian Act, is a prescribed authority for the purposes of subsection 42(3) of the Act.

 

PART II

NATIONAL EMPLOYMENT SERVICE

58. The national employment service maintained by the Commission under subsections 60(1) and (2) of the Act shall, for the purpose of facilitating the fullest possible integration into the Canadian work force of persons who need assistance in competing in the labour market, in cooperation with interested public authorities, employers, unions and organizations representing industries and industrial sectors,

59. The national employment service shall be made available at no cost to all workers whether insured or not or whether they are claiming unemployment benefits or not, and to all employers, workers' organizations and interested public and private organizations providing employment assistance services to workers.

 

 

PART III

REDUCTION OF PREMIUM FOR EMPLOYERS WITH WAGE-LOSS PLANS

 

Interpretation

60. The definition in this section applies to this Part.

Application

61. This Part applies where insured persons, who are employed by an employer and are covered by a plan that meets the requirements of section 63, 64, 65 or 66, benefit from a reduction of the employer's premium in an amount at least equal to five-twelfths of the reduction.

Reduction of Employer's Premium Rate

62. (1) Subject to subsection (2), an employer's premium rate fixed under section 68 of the Act shall be reduced, in respect of insured persons employed by that employer who are covered by a plan that meets the requirements of section 63, 64, 65 or 66 and is a qualifying plan pursuant to subsection 67(3), by the percentage by which

is less than

(2) An employer's premium rate fixed under section 68 of the Act shall not be reduced in respect of

(3) For the purpose of determining the experience cost ratio for a year, the Commission shall, in respect of each category of insured persons covered by plans that meet the requirements of section 63, 64, 65 or 66, divide

by

with both averages being taken over the three years ending concurrently with the second year preceding the year for which the calculation is made.

(4) For the purpose of determining the first payer cost ratio for a year, the Commission shall, in respect of all insured persons, divide

by

with both averages being taken over the three years ending concurrently with the second year preceding the year for which the calculation is made.

Standards

63. A Weekly Indemnity Plan shall meet the following requirements:

64. A Special Weekly Indemnity Plan shall meet the following requirements:

65. A Cumulative Paid Sick Leave Plan shall meet the following requirements:

66. An Enhanced Cumulative Paid Sick Leave shall meet the following requirements:

67. (1) A plan that meets the requirements of section 63, 64, 65 or 66 shall be evidenced by a formal written commitment, including one or a combination of any of the following:

(2) Subject to section 70, where a plan referred to in section 63, 64, 65 or 66 becomes a qualifying plan or ceases to be a qualifying plan under subsection (4) at any time during the year for which a reduction of the employer's premium is made under subsection 62(1), the reduction shall apply to the number of months in the year during which the plan is a qualifying plan.

(3) A plan is a qualifying plan when it satisfies all the requirements of subsection (1) and section 63 or 64 or, subject to subsection (5), section 65 or 66.

(4) For the purpose of determining when a plan becomes or ceases to be a qualifying plan under this Part, where the plan becomes or ceases to be a qualifying plan

(5) A plan referred to in section 65 or 66 is considered to be a qualifying plan as of the date an application is made for a reduction of the employer's premium or the date it becomes a qualifying plan under subsection (4), whichever is later, if, on that date, each insured person covered by the plan is credited

Application for Reduction of Employer's Premium Rate

68. (1) An application for a reduction of the employer's premium in respect of a category of insured persons shall be made to the Commission by an employer and shall

(2) Where an application referred to in subsection (1) is incomplete or where the Commission requires further information or documentation in order to make a decision on the application and the Commission requests that information or documentation from the employer, the employer shall provide the information or documentation within 30 days after the request is made, and where the information or documentation is not provided to the Commission within that time, an officer of the Commission shall make a decision on the existing information or documentation.

69. (1) For the purposes of an application for a reduction of the employer's premium rate, an employer shall group the insured persons employed by the employer into the following categories:

(2) Where insured persons are grouped by an employer as required by subsection (1), the employer shall

70. Where an employer makes an initial application for a reduction of the employer's premium in respect of a category of insured persons covered by a plan that is a qualifying plan under subsection 67(3), and where under section 72 an officer of the Commission has decided that the employer meets the requirements for a premium reduction under this Part, the effective date of the reduction established under subsection 62(1) is

71. Where an employer has been issued a notice of a reduced premium rate for a year, the employer shall make an annual renewal application within 30 days after the date that a renewal application form is issued to the employer by the Commission.

72. Where an application for a reduction of the employer's premium has been made by an employer, an officer of the Commission shall decide whether the employer meets the requirements for receiving a premium reduction under this Part and shall notify the applicant of the decision and of the rate at which premiums are to be remitted.

73. An employer who makes an application referred to in subsection 69(4) of the Act shall produce evidence that a qualifying plan pursuant to paragraph 67(3) was in effect during the period in respect of which the application is made.

Modification of Plans

74. Where a plan on the basis of which a reduction of the employer's premium has been granted is revised or modified in whole or in part or is cancelled, the employer shall notify the Commission of the revision, modification or cancellation within 30 days after the revision, modification or cancellation.

Appeals

75. An employer may appeal to the Commission a decision made pursuant to section 72 of these Regulations or pursuant to subsection 69(4) of the Act or a new decision made pursuant to subsection 69(5) of the Act, within one year after the day on which notice of the decision or new decision is sent to the employer.

Transitional Provisions

76. The Commission may reconsider an application by an employer for a reduction of the employer's premium for the year 1995 where the employer

PART IV

PILOT PROJECTS

Pilot Project for Exemption from the Requirement

to Make Periodic Claims for Benefits for Weeks

of Unemployment in the Benefit Period

77. (1) The Commission shall establish Pilot Project No. 1 for the purpose of assessing the cost, the validity of payment, the operational impact and the effect on customer service to claimants of exempting them from the requirement in sections 49 and 50 of the Act to make periodic claims for benefits.

(2) The definitions in this subsection apply in this section.

(3) A claimant is eligible to participate in Pilot Project No. 1 where

(4) A claimant who is eligible to participate in Pilot Project No. 1 and who wishes to participate in the project shall complete and sign a form, supplied by the Commission, agreeing that

(5) For the purposes of sections 49 and 50 of the Act, a claimant who participates in Pilot Project No. 1 is, for the purpose of this section, deemed to have made a claim for benefits for every week of unemployment in the claimant's period of eligibility.

(6) Where the Commission becomes aware that the claimant does not meet a condition of entitlement to benefits during the claimant's period of eligibility, the Commission may terminate the claimant's participation in Pilot Project No. 1 as of the date on which the Commission becomes aware of the claimant's failure to meet the condition.

(7) Paragraph (3)(a) ceases to be in force on April 1, 1997.

 

 

PART V

ADMINISTRATIVE PROVISIONS

Boards of Referees

78. (1) Wherever practicable, members of a board of referees shall be selected in rotation from each of the panels established under subsection 111(3) of the Act.

(2) No person shall be a member of a board of referees for the consideration of a case

(3) Any claim for benefits or any question that is appealed to a board of referees may be considered if

(4) In the case of a tie vote in an appeal referred to in subsection (3), the chairperson has a casting vote.

Appeals to a Board of Referees

79. An appeal to a board of referees from a decision of the Commission shall be in writing, shall contain a statement of the grounds of appeal, and shall be filed at the office of the Commission from which the claimant, the employer or the person who is the subject of the decision received notification of the Commission's decision.

Hearings Before a Board of Referees

80. (1) A claimant may apply for a hearing before a board of referees

(2) An employer may apply for a hearing before a board of referees

(3) A person, other than a claimant or an employer, who is the subject of a decision of the Commission and who appeals to a board of referees under section 114 of the Act may apply for a hearing before the board at the time of filing the appeal.

(4) An application for a hearing before a board of referees shall be in writing and be filed at the office of the Commission at which the appeal is filed.

(5) The chairperson of a board of referees may at any time direct that there shall be a hearing and, where an application for a hearing before the board has been filed under this section, shall grant a hearing.

(6) A person required to attend a hearing before a board of referees shall be notified, in writing, by the chairperson of the board or by an officer of the Commission.

(7) The chairperson of a board of referees is authorized to determine the procedure at a hearing before the board.

81. (1) Where a claimant and an employer have applied under subsections 80(1) and (2), respectively, for a hearing before a board of referees in respect of the same appeal, and oral evidence concerning a circumstance of sexual or other harassment mentioned in subparagraph 29(c)(i) of the Act is to be given at the hearing, the chairperson of the board of referees (in this section referred to as "the chairperson")

(2) Where oral evidence is given at a hearing in the absence of a claimant or an employer who has been excluded under subsection (1), the chairperson shall direct that the evidence be provided to the excluded claimant or employer, as the case may be, by making available to that claimant or employer a copy of the audio recording of that evidence

(3) Where oral evidence is made available to an excluded claimant or employer in accordance with subsection (2), the excluded claimant or employer, as the case may be, may respond to that evidence orally at a hearing before the board of referees in the absence of all other persons excluded under paragraph (1)(a)

(4) Where a response has been provided by a claimant or an employer in accordance with subsection (3),

Investigation and Report

82. The chairperson of a board of referees may, at any time prior to the decision of the board, refer any question arising in relation to a claim for benefits to the Commission for investigation and report.

Decision of a Board of Referees

83. (1) A board of referees shall give each of the parties interested in an appeal a reasonable opportunity to make representations concerning any matter before the board.

(2) Where any member of a board of referees dissents from the decision of the board, the reason for the dissent shall be recorded in the minutes of the proceedings of the board.

(3) When a board of referees has made its decision, the chairperson of the board shall file the decision at the office of the Commission from which notice of the Commission's decision was received.

(4) The appellant and any other party interested in an appeal shall be notified in writing of the board of referees' decision.

Suspension of Benefits Pending Appeal

84. Benefits are not payable in accordance with a decision of a board of referees if, within 21 days after the day on which the decision is given, the Commission appeals to an umpire on the ground that the board has erred in law or did not take into account a provision of the Act or these Regulations.

Appeals to the Umpire

85. (1) An appeal brought by the Commission pursuant to section 115 of the Act shall

(2) An appeal pursuant to section 115 of the Act at the instance of a claimant, an employer, an association of which the claimant or employer is a member or any other person who is the subject of the decision of a board of referees shall

(3) Where an appeal referred to in subsection (1) or (2) is filed, the Commission shall, within 60 days after the day on which it is filed,

(4) The Commission may file a statement of observations and representations in connection with an appeal at the office of the umpire and mail a copy thereof to each interested party, within the time provided by subsection (3) or such further time as the umpire may allow under section 116 of the Act.

(5) The appellant or any person or association that has a direct interest in an appeal or the decision thereon may, within 15 days after the day on which the docket referred to in subsection (3) is filed or within such further time as the umpire may allow under section 116 of the Act, file a statement of observations and representations at the office of the Commission where the appeal was filed, and the Commission shall forward the statement forthwith to the umpire.

(6) The question as to whether any person or association has a direct interest in an appeal referred to in subsection (1) or (2) or the decision thereon shall be decided by the umpire.

(7) Subject to section 86, the umpire may, at any time after the period of time referred to in subsection (5), render a decision on the basis of the documents filed.

Hearings Before the Umpire

86. (1) The appellant, the Commission or any person or association having a direct interest in a decision of a board of referees or an appeal from such a decision may apply in writing to an umpire for a hearing and the umpire shall, after receiving the application, grant a hearing.

(2) Notwithstanding subsection (1), the umpire may at any time direct that there shall be a hearing.

(3) Subject to subsection (4), an application for a hearing shall, within 15 days after the day on which the docket referred to in subsection 85(3) is filed or within such further time as the umpire may allow under section 116 of the Act, be filed at the office of the Commission, and the Commission shall forward the application to the umpire.

(4) An application for a hearing that is made by the Commission may be filed at the office of the umpire at any time before the umpire has rendered a decision.

(5) At least 14 days prior to a hearing referred to in subsection (1), the Registrar of the office of the umpire shall give a notice in writing to each of the following persons:

Decision of the Umpire

87. (1) A decision of an umpire shall be given in writing and a copy of the decision shall be sent to

(2) Where, in respect of a claim for benefits, an application is made by the Commission under the Federal Court Act for judicial review of the decision of the umpire, benefits are not payable in respect of that claim until the final determination of the claim.

(3) Where, in respect of a claim for benefits, an umpire has declared a provision of the Act or these Regulations to be ultra vires and an application is made by the Commission under the Federal Court Act for judicial review of the decision of the umpire, benefits are not payable in respect of any other claim for benefits made after the decision of the umpire until the final determination of the claim under review, where the benefits would not otherwise be payable in respect of any such subsequent claim if the provision had not been declared ultra vires.

Payment of Benefits Pending a Coverage Decision

88. (1) Subject to subsection (2), where a request is made to an officer of the Department of National Revenue under paragraph 90(1)(a), (b), (c) or (d) of the Act for a ruling on the question of whether a claimant is or was employed in insurable employment for any number of hours in a particular period of employment or alleged employment, no benefits are payable in respect of any hour that is the subject of the ruling until the later of

(2) Subsection (1) does not apply if the claimant qualifies to receive benefits under the Act on the basis of hours of insurable employment other than the hours that are the subject of the application.

Social Insurance Numbers

89. (1) The definitions in this subsection apply in this section.

(2) Every person who is required by section 138 of the Act to be registered and who has not previously been registered shall apply to the Commission for registration within three days after becoming employed in insurable employment.

(3) Every application for the registration of a person shall be made in the form and manner required by the Commission, shall be accompanied by such documents and other information as is sufficient to determine the identity and status of the person, and shall contain the following information in respect of the person, namely,

(4) Subject to subsections (5) and (6), an application for registration of a person shall be made and signed by the person or by that person's legal representative or legal guardian or, where that person is unable to sign their name, the person may attest the application by making their mark in the presence of two witnesses who shall sign the application.

(5) An application for registration of a person who is under 12 years of age shall be made and signed by a parent or by the legal guardian of the person.

(6) Where an agreement providing for registration at birth has been made between the Commission and the government of the province where a person was born, an application for the registration of that person may be made and signed by the official responsible for such registration in that province.

(7) Where an application is made in accordance with subsection (3) in respect of a person who has not previously been registered, the Commission may register the person and assign a Social Insurance Number to the person, notwithstanding the absence of the signature or the mark and signatures required by subsection (4).

(8) Where a person who is required by law to have a Social Insurance Number is unwilling or unable to complete an application for registration because of religious beliefs or for other reasons, the Commission may register the person and assign a Social Insurance Number to that person, if the information it has in respect of that person is sufficient to determine the person's identity and status.

(9) Where an application is made for the registration of a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration Act, the Commission shall require the applicant to show why the person needs a Social Insurance Number and Social Insurance Number Card.

(10) Where the Minister, pursuant to subsection 96(3) of the Immigration Act, directs the Commission to issue to persons, other than Canadian citizens or permanent residents within the meaning of subsection 2(1) of that Act, Social Insurance Number Cards, whereby the holders thereof are identified as specified in subsection 96(3) of that Act, the Commission shall issue to those persons Social Insurance Number Cards bearing numbers beginning with the digit "9".

(11) Where a person who has been issued a Social Insurance Number Card bearing a number beginning with the digit "9" is granted Canadian citizenship or becomes a permanent resident within the meaning of subsection 2(1) of the Immigration Act, the Commission shall, on application by the person, void that Social Insurance Number and, in its place, assign a new Social Insurance Number and issue a new Social Insurance Number Card to the person, both bearing a number beginning with another digit.

(12) Where a Social Insurance Number Card issued to a person has been lost or destroyed, the person may make an application to the Commission for a new Social Insurance Number Card.

(13) Where a registered person named in an application for a new Social Insurance Number Card under subsection (12) or under section 140 of the Act is not a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration Act and has previously been assigned a Social Insurance Number bearing a number beginning with a digit other than "9", the Commission shall void that number and assign a new Social Insurance Number and issue a new Social Insurance Number Card to the person, both bearing a number beginning with the digit "9".

(14) An application for a new Social Insurance Number Card under subsection (11) or (12) or under section 140 of the Act shall be made in the form and manner required by the Commission and shall contain

(15) An employer who hires a person in insurable employment shall request the employee to produce to the employer a Social Insurance Number Card within three days after the employee commences employment.

(16) Subject to subsection (17), every person who becomes employed in insurable employment shall produce their Social Insurance Number Card to their employer within three days after commencing employment.

(17) Every person referred to in subsection (2) who becomes employed in insurable employment before being registered shall produce their Social Insurance Number Card to their employer within three days after receiving it.

(18) Where an employer is unable to ascertain the Social Insurance Number of a person who becomes employed in insurable employment, the employer shall report the matter to the local office of the Commission within six days after the person commences such employment and shall provide such information as will enable the Commission to determine the identity of the person.

(19) Every registered person employed in insurable employment who, in accordance with subsection (11) or (13), is assigned a new Social Insurance Number shall produce their new Social Insurance Number Card to their employer within three days after receiving it.

Electronic Systems

90. Where any information is provided to the Commission in electronic or other form for the purposes of the Act or the regulations made under the Act, it shall be provided in a form and manner approved by the Commission.

91. (1) A claimant who makes an initial claim for benefits, or a claim for benefits for a week of unemployment, by telephone or other electronic means, and provides the information required by section 50 of the Act, is deemed

(2) A claimant who provides their Social Insurance Number and the following information by telephone or other electronic means is deemed to have signed their respective claim for benefit:

(3) A claim for benefits that is made by the means referred to in subsection (1) is deemed to have been made on the day that the information is received and recorded by the Commission's computerized benefit pay system.

(4) For greater certainty, sections 38 and 135 of the Act apply to a declaration made by electronic means.

(5) The acts and omissions specified in subsections 38(1) and 135(1) of the Act are deemed to include the acts and omissions of a person who knowingly attempts to interfere with the operation of the electronic systems used in the administration of the Act, and the penalty provided for by subsection 38(2) of the Act and the punishment provided for by subsection 135(3) of the Act are deemed to include the right to refuse access to those electronic systems to such a person.

Direct Deposit of Benefits

92. (1) For the purposes of this section, sections 2 and 4 to 8 of the Direct Deposit Regulations apply.

(2) Subject to subsection (7), a claimant shall have their benefits deposited directly to their bank account if the claimant

(3) A claimant is responsible for the accuracy of the data supplied by the claimant in order to register for the direct deposit of benefits.

(4) In the absence of any evidence to the contrary, the following documents together constitute evidence of the transfer of funds to a claimant's account and the payment of benefits to the claimant:

(5) In order to terminate the direct deposit of benefits, the claimant shall provide notification of the following to the Commission in writing or by electronic means made available to the claimant by the Commission:

(6) For greater certainty, sections 38 and 135 of the Act apply to declarations made in the context of the payment of benefits by electronic means.

(7) The acts and omissions specified in subsections 38(1) and 135(1) of the Act are deemed to include the acts or omissions of a person who knowingly attempts to interfere with the operation of the electronic systems used for the direct deposit of benefits, and the penalty provided for by subsection 38(2) of the Act and the punishment provided for by subsection 135(3) of the Act are deemed to include the right to refuse access to those electronic systems to such a person.

 

 

PART VI

SPECIAL BENEFITS FOR NEW ENTRANTS AND RE-ENTRANTS TO THE LABOUR FORCE

93. (1) An insured person who is a new entrant or re-entrant to the labour force and who is claiming special benefits qualifies to receive the benefits if the person

(2) Notwithstanding section 9 of the Act, where an insured person who qualifies under subsection (1) to receive special benefits makes an initial claim for benefits, a benefit period shall be established in respect of the person and, once it is established, special benefits are payable to the person in accordance with this section for each week of unemployment that falls in the benefit period.

(3) Subject to subsection (4), sections 22 and 23 of the Act apply to the payment of special benefits under this section.

(4) Notwithstanding section 18 of the Act, a claimant is not entitled to be paid special benefits for a working day, in a benefit period established under this section, in respect of which the claimant fails to prove that on that day the claimant was

(5) Subject to section 18 of the Act, regular benefits and additional special benefits are payable for a week of unemployment to a claimant who has received special benefits under this section where

(6) Except as otherwise provided in this section, the provisions of the Act and these Regulations apply to claimants claiming benefits under this section.

 

 

PART VII

TRANSITIONAL PROVISIONS AND COMING INTO FORCE

Transitional Provision

94. During the period beginning on June 30, 1996 and ending on January 4, 1997, a reference to "hours" in each of the following provisions shall be read as a reference to "weeks", with such modifications as the circumstances require:

Coming Into Force

95. (1) Except as otherwise provided in this Part, these Regulations come into force on June 30, 1996.

(2) Sections 10 to 12 and 19 to 21 come into force on January 1, 1997.

(3) Sections 22 to 24 and 34, the Table to subsection 55(7) and paragraph 93(1)(c) come into force on January 5, 1997.

(4) The provision set out in Part I of Schedule III applies during the period beginning on June 30, 1996 and ending on December 31, 1996.

(5) The provisions set out in Part II of Schedule III apply in place of the provisions listed in subsections (2) and (3) from June 30, 1996 until the coming into force of those provisions.

 

SCHEDULE I

(Subsection 18(1))

REGIONS FOR THE PURPOSES OF PARTS I AND VIII OF THE ACT

Interpretation

1. The definitions in this section apply in this Schedule.

Regions

Ontario

2. (1) The region of Ottawa, consisting of the portion of the Census Metropolitan Area of Ottawa - Hull that lies in the Province of Ontario.

(4) The region of Oshawa, consisting of the Census Metropolitan Area of Oshawa.

(5) The region of Toronto, consisting of the Census Metropolitan Area of Toronto.

(6) The region of Hamilton, consisting of the Census Metropolitan Area of Hamilton.

(7) The region of St. Catharines, consisting of the Census Metropolitan Area of St. Catharines - Niagara.

(8) The region of London, consisting of the Census Metropolitan Area of London.

(9) The region of Niagara, consisting of

(10) The region of Windsor, consisting of the Census Metropolitan Area of Windsor.

(11) The region of Kitchener, consisting of the Census Metropolitan Area of Kitchener.

(12) The region of Huron, consisting of

(13) The region of South Central Ontario, consisting of

(14) The region of Sudbury, consisting of the Census Metropolitan Area of Sudbury.

(15) The region of Thunder Bay, consisting of the Census Metropolitan Area of Thunder Bay.

(16) The region of Northern Ontario, consisting of

Quebec

3. (1) The region of Eastern Quebec, consisting of Census Division Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14.

(2) The region of Quebec, consisting of the Census Metropolitan Area of Quebec City.

(3) The region of Central Quebec, consisting of

(4) The region of Trois-Rivières, consisting of the Census Metropolitan Area of Trois-Rivières.

(5) The region of Quebec Centre-South, consisting of

(6) The region of Sherbrooke, consisting of the Census Metropolitan Area of Sherbrooke.

(7) The region of Montérégie, consisting of

(8) The region of Montreal, consisting of the Census Metropolitan Area of Montreal.

(9) The region of Western Quebec, consisting of Census Division Nos. 79, 83, 84, 85, 86, 87, 88 and 89.

(10) The region of Hull, consisting of the portion of the Census Metropolitan Area of Ottawa - Hull that lies in the Province of Quebec.

(11) The region of Northern Quebec, consisting of

(12) The region of Chicoutimi - Jonquière, consisting of the Census Metropolitan Area of Chicoutimi - Jonquière.

Nova Scotia

4. (1) The region of Eastern Nova Scotia, consisting of Census Division Nos. 13, 15, 16, 17 and 18.

(2) The region of Halifax, consisting of the Census Metropolitan Area of Halifax.

(3) The region of Central Nova Scotia, consisting of

(4) The region of Kings, consisting of Census Division Nos. 6, 7 and 8.

(5) The region of Yarmouth, consisting of Census Division Nos. 1, 2, 3, 4 and 5.

New Brunswick

5. (1) The region of Fredericton - Moncton - Saint John, consisting of

(2) The region of Restigouche - Charlotte, consisting of

Manitoba

6. (1) The region of Winnipeg, consisting of the Census Metropolitan Area of Winnipeg.

(2) The region of Southern Manitoba, consisting of

(3) The region of Northern Manitoba, consisting of

British Columbia

7. (1) The region of Southern Interior British Columbia, consisting of Census Division Nos. 1, 3, 5, 7, 33, 35, 37 and 39.

(2) The region of Vancouver, consisting of the Census Metropolitan Area of Vancouver.

(3) The region of Victoria, consisting of the Census Metropolitan Area of Victoria.

(4) The region of Southern Coastal British Columbia, consisting of

(5) The region of Northern British Columbia, consisting of Census Division Nos. 41, 43, 45, 47, 49, 51, 53, 55, 57 and 59.

Prince Edward Island

8. The region of Prince Edward Island, consisting of the Province of Prince Edward Island.

Saskatchewan

9. (1) The region of Regina, consisting of the Census Metropolitan Area of Regina.

(2) The region of Saskatoon, consisting of the Census Metropolitan Area of Saskatoon.

(3) The region of Southern Saskatchewan, consisting of

(4) The region of Northern Saskatchewan, consisting of

Alberta

10. (1) The region of Calgary, consisting of the Census Metropolitan Area of Calgary.

(2) The region of Edmonton, consisting of the Census Metropolitan Area of Edmonton.

(3) The region of Alberta, consisting of

Newfoundland

11. (1) The region of St. John's, consisting of the portion of the Census Metropolitan Area of St. John's that is not part of Census Subdivision Nos. 01557 and 01559 of Census Division No. 1.

(2) The region of Newfoundland/Labrador, consisting of

Yukon and Northwest Territories

12. The region of Yukon - Northwest Territories, consisting of the Yukon Territory and the Northwest Territories.

 

SCHEDULE II

(Subsection 36(17))

WEEKLY ANNUITY EQUIVALENTS FOR A LUMP SUM OF $1,000

ACCORDING TO AGE OF CLAIMANT

	Column I	Column II
Item	Age of Claimant	Weekly Annuity Equivalent
1.	19 and under	$ 1.25
2.	20	1.26
3.	21	1.26
4.	22	1.26
5.	23	1.26
6.	24	1.27
7.	25	1.27
8.	26	1.27
9.	27	1.28
10.	28	1.28
11.	29	1.29
12.	30	1.29
13.	31	1.29
14.	32	1.30
15.	33	1.30
16.	34	1.31
17.	35	1.32
18.	36	1.32
19.	37	1.33
20.	38	1.34
21.	39	1.34
22.	40	1.35
23.	41	1.36
24.	42	1.37
25.	43	1.38
26.	44	1.39
27.	45	1.40
28.	46	1.41
29.	47	1.43
30.	48	1.44
31.	49	1.45
32.	50	1.47
33.	51	1.48
34.	52	1.50
35.	53	1.52
36.	54	1.54
37.	55	1.56
38.	56	1.58
39.	57	1.61
40.	58	1.63
41.	59	1.66
42.	60	1.69
43.	61	1.72
44.	62	1.75
45.	63	1.79
46.	64	1.83
47.	65	1.87
48.	66	1.92
49.	67	1.97
50.	68	2.02
51.	69	2.08
52.	70	2.14
53.	71	2.20
54.	72	2.27
55.	73	2.35
56.	74	2.43
57.	75	2.52
58.	76	2.61
59.	77	2.71
60.	78	2.81
61.	79	2.93
62.	80	3.04
63.	81	3.17
64.	82	3.30
65.	83	3.44
66.	84	3.60
67.	85	3.76
68.	86	3.93
69.	87	4.12
70.	88	4.33
71.	89	4.56
72.	90 or more	4.81

 

SCHEDULE III

(Section 95)

INTERIM PROVISIONS

PART I

1. The following is added before section 7:

6.1 (1) Subject to subsection (2), the employment with an employer in any week of a person whose cash earnings are less than 20 per cent of the maximum weekly insurable earnings and who is employed for less than 15 hours is excluded from insurable employment.

(2) Where the cash earnings of a person for a pay period described in any of the following paragraphs are paid or payable to the person otherwise than in respect of weeks, subsection (1) does not apply to the employment of that person during any such pay period:

PART II

2. The following applies in place of sections 19 to 21:

Information Relating to Employment History

19. (1) Every employer who employs a person in insurable employment shall, if that person has an interruption of earnings, complete a record of employment in quadruplicate with respect to that person on a form supplied by the Commission.

(2) Subject to subsection (3), copies of the record of employment completed pursuant to subsection (1) shall be distributed in the following manner:

(3) If, for reasons beyond the employer's control, the employer is unable to deliver or mail the copies marked "Employee's copy: Part 1" and "Employee's copy: Part 2" of the completed record of employment to the insured person within the time limit set out in paragraph (2)(a), the employer shall retain them until

whichever is earlier.

(4) The number of weeks of insurable employment and insurable earnings reported in a record of employment with respect to an insured person shall be as determined and allocated pursuant to Parts III and IV of the Act and any regulations made under those Parts, but sections 35 and 36 of these Regulations shall not apply in respect of any such determination.

(5) Where the earnings of a claimant for a pay period that is current when the claimant has a lay-off or separation from employment cannot be ascertained with accuracy, the employer may estimate the earnings for that period.

20. (1) Where an employer has failed to deliver a record of employment to an insured person or the Commission pursuant to section 19 or the employer is not available or is unable to provide information respecting the employment history and insurable earnings of a claimant because the employer's records are destroyed or lost, a claimant may provide a statement containing evidence of their employment history and insurable earnings.

(2) All the weeks of insurable employment reported in a record of employment shall be determined to have occurred consecutively and to be weeks that immediately preceded and included the week in which the lay-off or separation occurred.

(3) Notwithstanding subsection 19(4) and section 23, for the purposes of Part I of the Act, the number of weeks of insurable employment in any one employment period of a claimant shall not be greater than the number of weeks or part weeks that falls within that employment period.

(4) Where a bankrupt employer or the trustee of the bankrupt employer has not provided the Commission with a record of employment for an insured person, the Commission may, in respect of that person, determine the number of insurable weeks and the amount of insurable earnings for benefit purposes on the basis of the payroll and personnel records of the bankrupt employer provided to the Commission by the trustee.

3. The following applies in place of sections 22 to 24.

22. The earnings to be taken into account for the purpose of determining the average weekly insurable earnings for the purposes of section 14 of the Act as set out in section 6 of Schedule II to the Act are those earnings for which a premium was payable.

23. For the purposes of Part I of the Act, where a claimant's earnings were paid or payable in the qualifying period for a period otherwise than in respect of weeks (hereinafter called the "pay period"), the number of weeks that are to be taken as weeks of insurable employment in any one employment period shall

4. The following applies in place of section 34:

34. (1) A dependant of a claimant or of the spouse of a claimant is a person who is related to the claimant or the spouse in the manner described in subsection 251(6) of the Income Tax Act.

(2) The spouse of a claimant is the person who is married to the claimant, and includes a person described in subsection 252(4) of the Income Tax Act.

(3) For the purposes of paragraph 14(1)(b) of the Act as set out in section 6 of Schedule II to the Act, the following circumstances are prescribed as circumstances which must exist in relation to one or more dependants of a claimant or of the spouse of the claimant:

5. The following applies in place of the table to subsection 55(7):

table

Column I	Column II
Number of Weeks of Insurable Employment	Number of Weeks of Benefits
12	10
13	10
14	11
15	11
16	12
17	12
18	13
19	13
20	14
21	14
22	15
23	15
24	16
25	16
26	17
27	17
28	18
29	18
30	19
31	19
32	20
33	20
34	21
35	21
36	22
37	22
38	23
39	23
40	24
41	25
42	26
43	27
44	28
45	29
46	30
47	31
48	32
49	33
50	34
51	35
52	36

6. The following applies in place of paragraph 93(1)(c):