Qualifying Conditions

What's New

Questions to Answer
Interruption of earnings? Section 2 Benefit Period Commencement date? Subsection 10(1) Qualifying Period dates? Subsection 8(1) Extension of Qualifying Period applicable? Subsections 8(2) to 8(7) Sufficient hours of insurable employment in Qualifying Period? Section 7 of the Act
References
Act: sections 2, 7, 7.1, 8, 9, 10 Related: subsections 30(5), 30(6) Regulations: sections 14, 35 Regulation 77.5, in force from December 11, 2005 to December 06, 2008, provides authority for Pilot Project no. 9, Providing Increased Access to Employment and Unemployment Benefits for New Entrants and Re-entrants, applies only to new claims established by claimants who are ordinarily resident in the designated regions of high unemployment. This Regulation does not apply to fishing claims.
Legal test
Insurable Employment to establish a claim: Two categories of claimant - Four situations possible: (section 7 of the Act). New-Entrant or Re-entrant subsections 7(3), 7(4), 7(5) - needs 910 hours in Qualifying Period. Claims to which Regulation 77.5 applies require not less than 840 and not more than 909 hours of insurable employment. New-entrant or re-entrant with "violation(s)" - needs number of hours specified in subsection 7.1(2). Claims to which Regulation 77.5 applies require the increased hours set out in subsection 77.5(3). "Regular qualifiers" - needs 420 to 700 hours depending on regional rate of unemployment. See TABLE (subsection 7(2)) Regular qualifiers with "violation(s)" subsection 7.1(1) - need hours per TABLE (subsection 7.1(1)) Note: Violations subsections 7.1(4), 7.1(5), 7.1(6) - exists if fraud was committed, and a Notice of Violation sent to the claimant for reasons specified in subsection 7.1(4) Sufficient Insurable Employment to establish a claim must take into account subsections 30(5), 30(6) - applying to claimants who have lost or left an employment.
Onus of proof
Claimant must provide proof of qualifying conditions: subsection 49(1).
Key Case Law
COTE A-178-86, HARBOUR A-541-85: Establishing a benefit period vs meeting the conditions of entitlement to draw benefits POULIOT A-1121-87: Insurable employment in Qualifying Period. LESIUK A-281-01 (leave to appeal dismissed by Supreme Court [29642]) sections 6 and 7 of the Act do not contravene the Charter of Rights, PERIGNY A-405-01: New entrant / re-entrant qualifying conditions - Charter of Rights argument. LEVESQUE A-196-01: One hour short of meeting eligibility requirements - Act allows for no discrepancy or discretion. SHEBIB A-24-01: Extension of Qualifying Period - severance pay does not prevent an interruption of earnings thus no basis for extension. XUAN A-1393-92: Extension of Qualifying Period - confinement to an institution DIDIODATO A-354-01, BANWAIT A-470-00, HABERMAN A-717-98, VAUTOUR A-733-95, KAUR A-487-93 : Jurisdiction to make decisions on insurability and the quantum of insured hours rests with Revenue Canada Taxation GAUTHIER A-105-98: Revenue Canada decision on insurability vs Commission decision on entitlement to benefits PIRNASAR A-210-94: Request to extend Benefit Period - receipt of Wage Loss Insurance PERRY A-475-05, PINKERTON A-354-03, A-355-03 and A-357-03, ROY A-635-01, CLAVET A-638-01, LAROCQUE A-592-99, RENY A-909-96: Interruption of earnings - continuing to work LEVIS A-79-02, MARCOUX A-78-02: Interruption of earnings - in receipt of accommodation STOYKO A-448-94: Interruption of earnings - contract of employment. VIEL A-194-97: Interruption of earnings - farm income TJONG A-672-95: Benefits paid after the end of a benefit period BELANGER A-60-00, DUPERE A-774-99: The rate calculation period and preventative withdrawal from work (EI Regulations subsection 14(7)). SZCZECH A-145-04: Start of the 260 week period for violations. BHAWAN A-27-04, LIMOSI A-534-01, GEOFFROY A-113-00: The assessment of a violation is not a discretionary decision PIOVESAN A-559-05: The issuance of a warning is a “penalty” for the purposes of the invoking of a violation pursuant to paragraph 7.1(4)(a) of the EI Act. SAVARD A-546-05: The increase in insured hours provided for in subsection 7.1(1) is based on the claimant's liability for the violation and not on the knowledge of having a notice of violation. PETRYNA A-773-00: The EI Act has no provision to suspend or stay a violation. LINGAM A-396-04, SOMERVILLE A-336-04: The classification of a violation is based on the amount of the overpayment. WILMOT CUB 68438, DEVUYST CUB 45378: hours required to requalify for benefits following an indefinite disqualification for voluntary leaving or misconduct.