Government of Canada

Employment Insurance Act - Part I - Unemployment Benefits


Current Version of the Employment Insurance Act


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PART I

UNEMPLOYMENT BENEFITS

 

Rate of weekly benefits 14. (1) The rate of weekly benefits payable to a claimant is 55% of their weekly insurable earnings.
Maximum weekly insurable earnings (1.1) The maximum weekly insurable earnings is

(a) $750 if the claimant's benefit period begins during the years 1997 to 2000; and

(b) if the claimant's benefit period begins in a subsequent year, the maximum yearly insurable earnings divided by 52.
Weekly insurable earnings (2) A claimant's weekly insurable earnings are their insurable earnings in the rate calculation period divided by the larger of the following divisors:

(a) the divisor that equals the number of weeks during the rate calculation period in which the claimant had insurable earnings, and

(b) the divisor determined in accordance with the following table by reference to the applicable regional rate of unemployment.
Table

Regional Rate of Unemployment Divisor

not more than 6% 22
more than 6% but not more than 7% 21
more than 7% but not more than 8% 20
more than 8% but not more than 9% 19
more than 9% but not more than 10% 18
more than 10% but not more than 11% 17
more than 11% but not more than 12% 16
more than 12% but not more than 13% 15
more than 13% 14

Insurable earnings (3) Insurable earnings in the rate calculation period shall be established and calculated in accordance with the regulations and include earnings from any insurable employment, regardless of whether the employment has ended.
Rate calculation period (4) The rate calculation period is the period of not more than 26 consecutive weeks in the claimant's qualifying period ending with the later of

(a) the week
(i) before the claimant's benefit period begins, if it begins on the Sunday of the week in which the claimant's last interruption of earnings occurs, or

(ii) in which the claimant's last interruption of earnings occurs, if their benefit period begins on the Sunday of a week that is after the week in which the claimant's last interruption of earnings occurs, and
(b) the week before the claimant's benefit period begins, if the claimant has an insurable employment at the beginning of that period.

A prescribed week relating to employment in the labour force shall not be taken into account when determining what weeks are within the rate calculation period.
Length of rate calculation period (4.1) The rate calculation period is 26 weeks, unless the claimant's qualifying period begins on a Sunday that is less than 26 weeks before the Sunday of the week in which the rate calculation period ends under subsection (4), in which case it is the number of weeks between those Sundays.
Reduction 15. [Repealed 2001, c. 5. s. 5]
Rate increase — family supplement 16. (1) The rate of weekly benefits of a claimant who has one or more dependent children shall be increased by the amount of a family supplement determined in accordance with the regulations if the claimant establishes, in such manner as the Commission may direct, that the claimant meets the prescribed low-income family eligibility criteria.
Criteria (2) The criteria for low-income family eligibility may include criteria that are the same as or similar to the criteria for receiving a child tax benefit.
Child tax benefit (3) For the purposes of subsection (2), a child tax benefit is a deemed overpayment under subdivision a.1 of Division E of Part I of the Income Tax Act.
Maximum increase (4) The amount of the increase in the claimant's rate of weekly benefits shall not exceed the prescribed percentage of the claimant's weekly insurable earnings or, if no percentage is prescribed, 25%.
Maximum rate of weekly benefits 17. The maximum rate of weekly benefits is 55% of the maximum yearly insurable earnings divided by 52.

1996, c. 23, s. 17 ; 2001, c. 5, s. 6.


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