Unemployment Insurance Act (Archived)

Disentitlement 

32. as may otherwise be prescribed, a claimant is not entitled to receive benefit for any period during which the claimant

(a) is an inmate of any prison or similar institution; or

(b) is not in Canada.

R.S., 1985, c. U-1, s. 32; 1990, c. 40, s. 24.

Penalty for claimants  

33. (1) Where the Commission becomes aware of facts that in its opinion establish that a claimant or any person on the claimant's behalf has, in relation to a claim for benefit, made statements or representations that the claimant or person knew to be false or misleading or, being required under this Act or the regulations to furnish information, furnished information or made statements or representations that the claimant or person knew to be false or misleading, the Commission may impose on the claimant a penalty in respect of each false or misleading statement, representation or piece of information, but the penalty shall be not greater than an amount equal to three times the claimant's weekly rate of benefit.

Penalty for employers  

(2) Where the Commission becomes aware of facts that in its opinion establish that an employer or any person on the employer's behalf has, in relation to any matter arising under this Act, made statements or representations that the employer or person knew to be false or misleading or, being required under this Act or the regulations to furnish information, furnished information or made statements or representations that the employer or person knew to be false or misleading, the Commission may impose on the employer a penalty in respect of each false or misleading statement, representation or piece of information, but the penalty shall be not greater than an amount equal to nine times the maximum weekly rate of benefit in effect when the penalty is imposed.

Prosecution  

(3) A penalty provided under subsection (1) or (2) shall not be imposed on a claimant or employer if a prosecution in respect of the false or misleading statement, representation or piece of information has been initiated against the claimant or employer.

Limitation  

(4) A penalty provided under subsection (1) or (2) shall not be imposed after thirty-six months from the date on which the false or misleading statement, representation or piece of information was made or furnished.

R.S., 1985, c. U-1, s. 33; 1990, c. 40, s. 25.

Benefits not assignable  

34. (1) Benefits are not capable of being assigned, charged, attached, anticipated or given as security and any transaction purporting to assign, charge, attach, anticipate or give as security any benefits is void, except that any amounts payable under this Act by any person and required to be credited to the Unemployment Insurance Account may be recovered out of any benefits payable to that person, without prejudice to any other mode of recovery.

Exception  

(2) Notwithstanding subsection (1), where the government of Canada or a province or any municipal authority pays a person any advance or assistance or welfare payment for a week that would not be paid if an unemployment insurance benefit is paid for that week, and unemployment insurance benefit subsequently becomes payable under this Act to that person for that week, the Commission may, subject to the regulations, deduct from that or any subsequent benefit and pay to the government of Canada or of the province or municipal authority an amount equal to the amount of the advance or assistance or welfare payment paid, if that person had, on or before receiving the advance, assistance or welfare payment, consented in writing to the deduction and payment by the Commission. 1970-71-72, c. 48, s. 48; 1974-75-76, c. 80, s. 18; 1976-77, c. 54, s. 44.

Liability for overpayments  

35. (1) Where a person has received benefit under this Act for any period in respect of which he is disqualified or any benefit to which he is not entitled, he is liable to repay an amount equal to the amount paid by the Commission in respect thereof.

Debts to Crown

(2) All amounts payable under this section or section 33, 37 or 38 are debts due to Her Majesty and are recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

Recovery

(3) Where a benefit becomes payable to any claimant, the amount of any indebtedness described in subsection (1) or (2) may be deducted and retained out of the benefit payable to the claimant.

Limitation

(4) No amount due as a debt to Her Majesty under this section may be recovered after seventy-two months from the date on which the liability arose.

Appeals

(5) A limitation period established by subsection (4) does not run during any period when there is pending an appeal or other review of any decision establishing liability for the amount to be recovered.

R.S., 1985, c. U-1, s. 35; 1990, c. 40, s. 26.

Liability to return overpayment 

36. A person who has received or obtained a benefit payment to which he is not entitled, or a benefit payment in excess of the amount of the benefit payment to which he is entitled, shall forthwith return the special warrant or the amount thereof, or the excess amount, as the case may be. 1970-71-72, c. 48, s. 50; 1984, c. 40, s. 74.

Return of benefit by employee 

37. Where a claimant receives benefit in respect of a period and, pursuant to a labour arbitration award or court judgment, or for any other reason, an employer or any other person subsequently becomes liable to pay earnings, including damages for wrongful dismissal, to that claimant in respect of the same period and pays the earnings, that claimant shall pay to the Receiver General as repayment of an overpayment of benefit an amount equal to the benefits that would not have been paid if the earnings had been paid or payable at the time the benefit was paid.

R.S., 1985, c. U-1, s. 37; 1990, c. 40, s. 27.

Return of benefit by employer 

38. (1) Where pursuant to a labour arbitration award or court judgment, or for any other reason, an employer or other person becomes liable to pay earnings, including damages for wrongful dismissal, to a claimant in respect of a period and has reason to believe that benefit has been paid to the claimant in respect of that period, that employer or other person shall ascertain whether an amount would be repayable under section 37 if the earnings were paid to the claimant and if so shall deduct that amount from the earnings payable to the claimant and remit that amount to the Receiver General as repayment of an overpayment of benefit.

Idem

(2) Where a claimant receives benefit in respect of a period and pursuant to a labour arbitration award or court judgment, or for any other reason, the liability of an employer to pay that claimant earnings, including damages for wrongful dismissal, in respect of the same period is or was reduced by the amount of the benefit or by a portion thereof, the employer shall remit that amount or portion thereof to the Receiver General as repayment of an overpayment of benefit.

R.S., 1985, c. U-1, s. 38; 1990, c. 40, s. 27.

Claim Procedures

Claim required 

39. (1) No benefit period shall be established for any person under this Act unless he makes an initial claim for benefit in accordance with section 41 and the regulations and proves that he is qualified to receive benefit.

Information required

(2) No benefit period shall be established under this Act unless the claimant supplies information in the form and manner directed by the Commission, giving the claimant's employment circumstances and the circumstances pertaining to any interruption of earnings, and such other information as the Commission may require.

Notification

(3) On receiving an initial claim for benefit, the Commission shall decide whether or not the claimant is qualified to receive benefit and notify him of its decision. 1970-71-72, c. 48, s. 53; 1974-75-76, c. 80, s. 19.

Proof required  

40. (1) No person is entitled to any benefit for a week of unemployment in a benefit period that has been established for him, until he makes a claim for benefit for that week in accordance with section 41 and the regulations and proves that

(a) he meets the requirements entitling him to receive benefit; and

(b) no circumstances or conditions exist that have the effect of disentitling or disqualifying him from receiving benefit.

Benefit of the doubt

(1.1) Notwithstanding paragraph (1)(b), the Commission shall give the benefit of the doubt to a claimant on the issue of whether any circumstances or conditions exist that have the effect of disentitling the claimant under section 28.1, 28.2 or 28.3 or disqualifying the claimant under section 28, if the evidence on each side of the issue is equally balanced.

Notification

(2) On receiving a claim for benefit, the Commission shall decide whether or not benefit is payable to the claimant for that week and notify him of its decision.

R.S., 1985, c. U-1, s. 40; 1994, c. 18, s. 24.

Entitlement to benefit 

41. (1) A claimant who fails to fulfil or comply with a condition or requirement under this section is not entitled to benefit for as long as the condition or requirement is not fulfilled or complied with.

Manner of making claim

(2) A claim for benefit shall be made in the manner directed at the office of the Commission that serves the area in which the claimant is residing, or at such other place as is prescribed or directed by the Commission.

Form

(3) A claim for benefit shall be made by completing a form supplied or approved by the Commission, in the manner set out in instructions of the Commission.

Time

(4) A claim for benefit for a week of unemployment in a benefit period shall be made within such time as is prescribed.

Additional information

(5) For the purposes of sections 39 and 40, the Commission may at any time, in respect of any claim for benefit, require a claimant to supply additional information.

Attendance

(6) For the purposes of sections 39 and 40, the Commission may require any claimant or group or class of claimants to attend at a suitable time and place in order to make a claim for benefit in person, or to provide information required under subsection (5).

Registration for employment

(7) For the purpose of proving that a claimant is available for work, the Commission may require the claimant to register for employment at an agency administered by the government of Canada or a province and to report thereafter to that agency at such reasonable times as the Commission or agency directs.

Proof

(8) For the purpose of proving that a claimant is available for work and unable to obtain suitable employment, the Commission may require the claimant to prove that he is making reasonable and customary efforts to obtain suitable employment.

Mailing address

(9) A claimant shall supply the mailing address of his normal place of residence unless otherwise permitted by the Commission.

Waiver or variation of requirements

(10) The Commission may waive or vary the conditions and requirements of any of the provisions of this section or the regulations whenever in its opinion the circumstances warrant that waiver or variation for the benefit of the claimant in a particular case or class or group of cases. 1970-71-72, c. 48, s. 55; 1974-75-76, c. 80, s. 19; 1976-77, c. 54, s. 47.

Information  

42. Where, in considering a claim for benefit, the Commission finds an indication from the documents relating to the claim that the loss of employment resulted from the claimant's own misconduct or that the claimant voluntarily left employment, the Commission shall

(a) provide an opportunity to the claimant and the employer to provide information as to the reasons for the loss of employment; and

(b) where any such information is provided, take it into account in determining the claim.

R.S., 1985, c. U-1, s. 42; 1990, c. 40, s. 28; 1993, c. 13, s. 22.

Reconsideration of claim 

43. (1) Notwithstanding section 86 but subject to subsection (6), the Commission may at any time within thirty-six months after benefit has been paid or would have been payable reconsider any claim made in respect thereof and if the Commission decides that a person has received money by way of benefit thereunder for which he was not qualified or to which he was not entitled or has not received money for which he was qualified and to which he was entitled, the Commission shall calculate the amount that was so received or payable, as the case may be, and notify the claimant of its decision.

Appeal

(2) Any decision made by the Commission pursuant to subsection (1) is subject to appeal under section 79.

Amount repayable

(3) If the Commission decides that a person has received money by way of benefit for any period in respect of which he was not qualified or money by way of benefit to which he was not entitled, the amount therefor as calculated under subsection (1) is the amount repayable under section 35.

Amount payable

(4) If the Commission decides that a person was qualified and entitled to receive money by way of benefit, and the money was not paid, the amount thereof as calculated under subsection (1) is the amount payable to the claimant.

Date of liability

(5) The day that the Commission notifies the person of the amount calculated under subsection (1) to be repayable under section 35 shall, for the purposes of subsection 35(4), be the date on which the liability arises thereunder.

Extended time for reconsideration of claim under subsection (1)

(6) Where, in the opinion of the Commission, a false or misleading statement or representation has been made in connection with a claim, the Commission has seventy-two months within which to reconsider the claim under subsection (1). 1970-71-72, c. 48, s. 57; 1974-75-76, c. 80, s. 20; 1976-77, c. 54, s. 48.

Regulations

Regulations  

44. The Commission may, with the approval of the Governor in Council, make regulations

(a) prescribing the conditions on which the requirement of serving a waiting period may be waived;

(b) defining and determining what is a working day or working week in any employment;

(c) prescribing the conditions and circumstances under which a claimant while self-employed or employed in employment that is not insurable employment or whose pattern of full-time employment differs from the normal and customary employment pattern of employed persons generally has worked or has not worked a full working week;

(d) determining the amount that will be deducted under subsection 16(2) from weekly benefits paid where the claimant normally works other than a five day week;

(e) setting out the circumstances that constitute the commencement or termination of a stoppage of work for the purposes of section 31;

(f) providing for the making of claims by, and the payment of benefit to, any person or agency on behalf of deceased or incapacitated persons or persons of unsound mind;

(g) imposing additional conditions and terms with respect to the payment and receipt of benefit and restricting the amount or period of benefit in relation to persons who by custom of their occupation, trade or industry or pursuant to their agreement with an employer are paid in whole or in part by the piece or on a basis other than time;

(h) prohibiting the payment of benefit, in whole or in part, and restricting the amount of benefit payable, in relation to persons or to groups or classes of persons who work or have worked for any part of a year in an industry or occupation in which, in the opinion of the Commission, there is a period that occurs annually, at regular or irregular intervals, during which no work is performed by a significant number of persons engaged in that industry or occupation, for any or all weeks in that period;

(i) for the ratification of amounts paid to persons by way of benefit while they are not entitled thereto and for the writing-off of those amounts and any penalties under section 33 and amounts owing under sections 35, 37 and 38 and any costs recovered against those persons;

(j) respecting the proof of fulfilment of the conditions and the absence of the disqualification from receiving or continuing to receive benefit, and for that purpose requiring the attendance of insured persons at such offices or places and at such times as may be required;

(k) prescribing the manner in which claims for benefit shall be made and the information to be submitted with those claims;

(l) prescribing the procedure to be followed for the consideration and the examination of claims and questions to be considered by officers of the commission, boards of referees and an umpire and the mode in which any question may be raised as to the continuation of benefit in the case of a person in receipt of benefit;

(m) respecting the payment of benefits during any period intervening between an application for the determination of a question or a claim for benefit and the final determination of the question or claim;

(n) prescribing the time and manner of payment of benefits;

(o) requiring employers to provide information relating to any
matter on which the fulfilment of conditions for the qualification and entitlement for receiving or continuing to receive benefit depends, prescribing the time and manner in which that information will be provided and requiring certification or affirmation of that information;

(p) providing the manner of ascertaining a claimant's employment history where his employer has failed to provide him with a record of his employment on separation or the employer is not available or is unable to provide the necessary employment history because his records are destroyed or lost;

(q) defining and determining earnings for benefit purposes, determining the amount of those earnings, providing for the allocation of those earnings to weeks and determining the average weekly insurable earnings in the qualifying weeks of claimants;

(q.1) establishing criteria for defining and determining what constitutes a supplemental unemployment benefit plan;

(q.2) defining and determining who is

(i) a dependant of a claimant or of a spouse of a claimant, or

(ii) a spouse of a claimant;

(r) defining and determining the circumstances in which and the time at which an interruption of earnings occurs;

(s) prescribing conditions under which benefits may be paid in advance;

(t) establishing regions appropriate for the purpose of applying subsections 6(2) and 11(2) and Part VIII and delineating boundaries thereof, based on the boundaries of the regions used by Statistics Canada in relation to its labour force survey;

(u) determining the regional rates of unemployment produced by Statistics Canada or the averages of those rates that shall apply to a claimant for the purposes of subsections 6(2) and 11(2) and Part VIII and incorporating in those rates an estimate of the rates of unemployment for status Indians living on Indian reserves;

(v) prescribing the information and evidence to be furnished by a claimant to prove 

(i) incapability by reason of illness, injury or quarantine, or

(ii) pregnancy or the expected date of confinement;

(w) where earnings are paid or payable in the qualifying period for a period otherwise than in respect of weeks, for calculating and establishing for the purposes of this Part 

(i) the weeks or number of weeks that are to be taken as weeks of insurable employment, and

(ii) the amount to be taken as the insurable earnings or average weekly insurable earnings for any weeks or number of weeks

in that period;

(w.1) prescribing

(i) the circumstances in which a claimant who leaves employment in accordance with an employer workforce reduction process that preserves the employment of co-workers may, notwithstanding sections 28 and 30.1, be paid benefits, and

(ii) what constitutes an employer workforce reduction process for the purposes of the regulations;

(x) reducing the benefits payable under this Act by reason of illness, injury, quarantine, pregnancy or caring for children when any allowances, moneys or other benefits are payable to a claimant under any plan other than one established under a provincial law; and

(y) prescribing anything that by this Act is to be prescribed by regulations.

R.S., 1985, c. U-1, s. 44; 1990, c. 40, s. 29; 1993, c. 13, s. 23; 1994, c. 18, s. 25.

Earnings Index

45. The Earnings Index for a year is the ratio that employees' average earnings for that year bears to employees' average earnings for the base period. 1970-71-72, c. 48, s. 59.

Base period

46. (1) Employees' average earnings for the base period are the average of employees' average earnings for each of the years 1966 to 1973, inclusive.

Average earnings

(2) Employees' average earnings for a year shall be calculated as the average of employees' actual average earnings for the eight years ending concurrently with the second year preceding that year.

Actual average earnings

(3) Employees' actual average earnings for a year shall be calculated in the manner prescribed as the average of salaries and wages actually paid to employees in Canada based on information set out in returns with respect to salaries and wages made under the Income Tax Act. 1970-71-72, c. 48, s. 60.

Maximum insurable earnings 

47. The maximum weekly insurable earnings of an insured person is an amount calculated by multiplying one hundred and eighty-five dollars by the Earnings Index for the year rounded to the nearest multiple of five dollars or, if the result would be equidistant from two multiples of five dollars, to the multiple thereof that is the higher. 1970-71-72, c. 48, s. 61.

Determining Premiums

Striking the premium rates 

48. (1) In respect of each year, the Commission shall, subject to approval by the Governor in Council, fix the rates of premium that persons employed in insurable employment and the employers of those persons will be required to pay in that year to raise an amount equal to the adjusted basic cost of benefit under this Act in that year as that cost is determined under section 49.

Percentage of insurable earnings

(2) The rates of premium for a year shall be calculated in terms of a percentage of the insurable earnings in that year and the employees' premiums for that year shall be a like percentage for all insured persons.

Employers' premium

(3) The percentage of insurable earnings for a year that will constitute the employers' premiums for that year shall be determined in accordance with section 50. 1970-71-72, c. 48, s. 62; 1976-77, c. 54, s. 50.

1995 and 1996 rate of premium

48.1 Notwithstanding section 48, the rate of premium that persons employed in insurable employment are required to pay is

(a) for the year 1995, 3 per cent of insurable earnings in that year; and

(b) for the year 1996, 3 per cent of insurable earnings in that year or such lesser percentage of insurable earnings in that year as may be fixed by order of the Governor in Council.

R.S., 1985, c. 26 (1st Supp.), s. 2, c. 43 (2nd Supp.), s. 2; 1990, c. 40, s. 30; 1991, c. 51, s. 6; 1994, c. 18, s. 26.