Government of Canada

Employment Insurance Act - Part III - Premiums and Other Financial Matters


Current Version of the Employment Insurance Act


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PREMIUMS AND OTHER FINANCIAL MATTERS

Premiums

 

Chief actuary 65.3  (1) The chief actuary referred to in section 28 of the Department of Human Resources and Skills Development Act shall determine the premium rate for a year that, in the chief actuary’s opinion, based on the information provided by the Minister of Finance under section 66.2 and taking into account any regulations made under section 69, should generate just enough premium revenue during that year to cover the payments that will be made under subsection 77(1) during that year.
Changes to payments (2) If the Minister has announced, on or before October 14 of the previous year, any changes to payments to be made under paragraph 77(1)(a), (b) or (c) for a year, the chief actuary shall, at the request of the Minister, take into account those changes and make another determination of the premium rate that, in the chief actuary’s opinion, based on the information provided by the Minister of Finance under section 66.2 and taking into account any regulations made under section 69, should generate just enough premium revenue during that year to cover the payments that would be made under subsection 77(1) during that year if the changes were to commence on the date specified by the Minister.
Report to the Commission (3) The chief actuary shall provide to the Commission a report setting out the premium rate determined under subsection (1) or (2) for a year, on or before October 14 of the previous year, and the Commission shall, as soon as possible after receiving the report, make it available to the public.
Annual premium rate setting

66. (1) Subject to subsection (2) and sections 66.1 and 66.3, the Commission shall set the premium rate for a year, taking into account

(a) the principle that the premium rate should generate just enough premium revenue during that year to cover the payments that will be made under subsection 77(1) during that year, based on the information provided by the Minister of Finance under section 66.2, taking into account any regulations made under section 69, and considering any changes to payments made under subsection 77(1) that have been announced by the Minister;

(b) the report of the chief actuary to the Commission for that year; and

(c) any public input.

 

Difference year to year

 (2) The premium rate for a year may not be increased or decreased by more than fifteen one-hundredths of one per cent (0.15%) relative to the premium rate for the previous year.

Time limit

 (3) The Commission shall set the premium rate for a year on or before November 14 in the previous year

Cap on rate

66.1 For 2006 and 2007, the premium rate in each year may not be greater than 1.95%.

Forecast values

66.2The Minister of Finance shall, on or before September 30 of a year, provide to the chief actuary and the Commission the most current forecast values of the economic variables that are relevant to the determination, under section 65.3 or under subsection 66(1), as the case may be, of a premium rate for the followingyear.

Governor in Council

66.3 Subject to subsection 66(2) and section 66.1, on the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may, on or before November 30 in a year, substitute a premium rate for the following year that is different from the one set by the Commission under subsection 66(1), if the Governor in Council considers it to be in the public interest.

Rounding percentage rates

66.4   If the calculation of a premium rate under section 65.3, 66 or 66.3 results in a rate that includes a fraction of one per cent, the resulting percentage is to be rounded to the nearest one-hundredth of one per cent or, if the resulting percentage is equidistant from two one-hundredths of one percent, to the higher of them.

Statutory Instruments Act

66.5 The Statutory Instruments Act does not apply in respect of a premium rate set under section 66 or 66.3 or the premiums determined under sections 67 and 68. However, the premium rates must, as soon as possible, be published by the Commission in Part I of the Canada Gazette.

User Fees Act

66.6 For greater certainty, the User Fees Act does not apply in respect of the premium rate set under section 66 or 66.3 or the premiums determined under sections 67 and 68.

Employee's premium

67.  Subject to section 70, a person employed in insurable employment shall pay, by deduction as provided in subsection 82(1), a premium equal to their insurable earnings multiplied by the premium rate set under section 66, 66.1, 66.2 or 66.3, as the case may be.

1996, c. 23, s.66 & 67  ; 2001, c. 5, s.9 & 10. ; 2003, c.15, s.21 ; 2004, c.22, s.25 ; s.262005, c.30, s. 126

Employer's premium

68.  Subject to sections 69 and 70, an employer shall pay a premium equal to 1.4 times the employees' premiums that the employer is required to deduct under subsection 82(1).

Premium reduction — wage-loss plans

69.  (1) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer's premium where

(a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a plan that covers insured persons employed by the employer, other than one established under provincial law, would have the effect of reducing the special benefits payable to the insured persons; and

(b) the insured persons will benefit from the reduction of the employer's premium in an amount at least equal to 5/12 of the reduction.

Provincial plans (2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer's and employee's premiums when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a provincial law to insured persons would have the effect of reducing or eliminating the special benefits payable to those insured persons.
Included provisions (3) The regulations may include provisions

(a) prescribing the manner and time for making an application for a premium reduction;

(b) prescribing the standards that must be met by a plan to qualify for a premium reduction and the time during which the plan must be in effect;

(c) prescribing the method for determining the amount of reduction for plans that meet the prescribed standards and the use to be made of actuarial calculations and estimates;

(d) prescribing the manner in which insured persons are to benefit from the premium reduction;

(e) providing for the making of decisions relating to premium reduction and appeals in cases of dispute;

(f) prescribing how the insured earnings of insured persons will be reported by employers to the Canada Revenue Agency; and

(g) generally, providing for any other matters necessary for carrying out the purposes and provisions of subsections (1) and (2).
Late applications (4) If an application for an employer's premium reduction is made within 36 months after the time prescribed for making it, the Commission may, subject to prescribed conditions, regard the application as having been made at the prescribed time if the applicant shows that there was good cause for the delay throughout the period beginning at the prescribed time and ending on the day when the application was made.
Reconsideration of application

(5) The Commission may reconsider any decision relating to an employer's premium reduction within 36 months after the date of the decision and any new decision that it makes shall apply in place of the reconsidered decision.

Définition

(6) The reference to the payment of allowances, money or other benefits because of compassionate care in subsections (1) and (2) means the payment of allowances, money or other benefits for the same or substantially the same reasons for which benefits are payable under section 23.1.

1996, c. 23, s. 69; 1999, c. 17, s. 135; 2003, c. 15, s. 222006, c. 38, s. 138

Overlapping pay periods 70.  If insurable earnings are paid to a person after the end of the year in which their insurable employment occurred, the insurable employment is, for the purposes of determining insurable earnings and premiums payable, deemed to have occurred in the year in which the insurable earnings are paid.

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