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Employment Insurance Regulations - Part I - Unemployment Benefits
Current EI (Main) Regulations
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PART I
UNEMPLOYMENT BENEFITS
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
(a) for the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, for the region in which the claimant was ordinarily resident in that week; or
(b) for the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, where the claimant was ordinarily resident outside Canada during that week, for the region in which the claimant was last employed in insurable employment in Canada.
(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.
17.1 (1) The definitions in this subsection apply in this section.
"Gaspésie—Îles-de-la-Madeleine" means the region described in subsection 3(1) of Schedule I. (région de Gaspésie—Îles-de-la-Madeleine)
"Lower St. Lawrence and North Shore" means the region described in subsection 3(11) of Schedule I. (région du Bas Saint-Laurent—Côte Nord)
"Madawaska—Charlotte" means the region described in subsection 5(2) of Schedule I. (région de Madawaska—Charlotte)
"Restigouche—Albert" means the region described in subsection 5(3) of Schedule I. (région de Restigouche—Albert)
(2) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, 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
(a) the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and
(i) the regional rate of unemployment for Restigouche—Albert, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rates of unemployment for Restigouche—Albert and Madawaska—Charlotte, as determined in accordance with subsection 17(1).
(3) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, 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
(a) the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and
(i) the regional rate of unemployment for Restigouche—Albert, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rates of unemployment for Restigouche—Albert and Madawaska—Charlotte, as determined in accordance with subsection 17(1).
(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
(a) the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and
(b) the average of the regional rates of unemployment for Madawaska—Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).
(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
(a) the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and
(b) the average of the regional rates of unemployment for Madawaska—Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).
(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 4, 2008, 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
(a) the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and
(b) the average of the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (4)(b).
(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 October 4, 2008, 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
(a) the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and
(b) the average of the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (5)(b).
(8) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, 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
(a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(i) the regional rate of unemployment for Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).
(9) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, 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
(a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(i) the regional rate of unemployment for Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).
(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
(a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(b) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).
(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
(a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(b) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).
(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 4, 2008, 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
(a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(b) the average of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (10)(b).
(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 4, 2008, 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
(a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(b) the average of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (11)(b).
(14) Where a claimant referred to in subsection (2),(4),(6), (8), (10) or (12) 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.
(15) Where a claimant referred to in subsection (3),(5),(7), (9), (11) or (13) 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.
SOR/2000-355, s. 1; SOR/2002-154, s. 1; SOR/2003-336, s. 1; SOR/2004-145, s. 1; SOR/2005-144, s. 1; SOR/2006-240, s. 1
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