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Employment Insurance Act - Schedule II

Current Version of the Employment Insurance Act

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Employment Insurance

SCHEDULE II

(Section 190)

INTERIM PROVISIONS

 
1. The following applies in place of section 4:
   
Maximum yearly insurable earnings 4. (1) For the purposes of section 17, subsection 82(2) and sections 95 and 145, the maximum yearly insurable earnings is $39,000 for 1996.
   
Maximum weekly insurable earnings (2) For the purposes of this Act, the maximum weekly insurable earnings is $750.
   
2. The following applies in place of subsection 5(6):
   
Regulations to exclude employment (6) The Commission may, with the approval of the Governor in Council, make regulations for excluding from insurable employment
(a) any employment if it appears to the Commission that because of the laws of a country other than Canada a duplication of contributions or benefits will result;

(b) the entire employment of a person who is employed by one employer partly in insurable employment and partly in other employment;

(c) any employment if it appears to the Commission that the nature of the work performed by persons employed in that employment is similar to the nature of the work performed by persons employed in employment that is not insurable employment;

(d) the employment of a member of a religious order who has taken a vow of poverty and whose remuneration is paid directly or by the member to the order;

(e) any employment in which persons are employed to an inconsiderable extent or for an inconsiderable consideration;

(f) any employment provided under regulations made under section 24 or employment measures authorized by subsection 58(1); and

(g) any employment with an employer in which persons are employed for fewer than 20 hours in a week or in which the earnings of persons are less than 30% of the maximum weekly insurable earnings.
   
3. The following apply in place of the definitions "major attachment claimant" and "minor attachment claimant" in subsection 6(1):
   
"major attachment claimant" "major attachment claimant" means a claimant who qualifies to receive benefits and has been employed in insurable employment for 20 or more weeks in the claimant's qualifying period;
   
"minor attachment claimant" "minor attachment claimant" means a claimant who qualifies to receive benefits and has been employed in insurable employment for fewer than 20 weeks in the claimant's qualifying period;
   
4. The following applies in place of section 7:
   
When benefits payable 7. (1) Unemployment benefits are payable as provided in this Part to an insured person who qualifies to receive them.
   
Qualification requirement (2) An insured person, other than a new entrant or a re-entrant to the labour force, qualifies if the person
(a) has had an interruption of earnings from employment; and

(b) has had during their qualifying period at least the number of weeks of insurable employment set out in the following table in relation to the regional rate of unemployment that applies to the person.
Table
Regional Rate of Unemployment Required Number of Weeks of Insurable Employment
6% and under 20
more than 6% but not more than 7% 19
more than 7% but not more than 8% 18
more than 8% but not more than 9% 17
more than 9% but not more than 10% 16
more than 10% but not more than 11% 15
more than 11% but not more than 12% 14
more than 12% but not more than 13% 13
more than 13% 12
   
Qualification requirement for new entrants and re-entrants (3) An insured person who is a new entrant or a re-entrant to the labour force qualifies if the person
(a) has had an interruption of earnings from employment; and

(b) has had 26 or more weeks of insurable employment during their qualifying period.
   
New entrants and re-entrants (4) An insured person is a new entrant or a re-entrant to the labour force if, during the last 52 weeks before their qualifying period, the person has had fewer than 14
(a) weeks of insurable employment;

(b) weeks for which benefits have been paid or were payable to the person;

(c) prescribed weeks that relate to employment in the labour force; or

(d) weeks comprised of any combination of those weeks.
   
Computation of weeks (5) For the purposes of subsection (4), a week that is taken into account under any of paragraphs (4)(a), (b) or (c) may not be taken into account under the other.
   
Exhaustion or termination of entitlement to U.S. benefits (6) A claimant is not qualified to receive benefits if it is jointly determined that the claimant must first exhaust or terminate benefit rights under the laws of another jurisdiction, as provided by Article VI of the Agreement Between Canada and the United States Respecting Unemployment Insurance, signed on March 6 and 12, 1942.
   
5. The following applies in place of subsection 12(2):
   
General maximum (2) The maximum number of weeks for which benefits may be paid in a benefit period because of any reasons other than those referred to in subsection (3) shall be determined in accordance with the table in Schedule I by reference to the regional rate of unemployment that applies to the claimant and the number of weeks of insurable employment of the claimant in their qualifying period.
   
6. The following applies in place of section 14:
   
Rate of weekly benefits 14. (1) The rate of weekly benefits payable to a claimant is an amount calculated as follows, to a maximum of $413:
(a) 55% of the claimant's average weekly insurable earnings, in the case of a claimant in respect of whom paragraph (b) does not apply; or

(b) in any case where it is established, in such manner as the Commission may direct, that the prescribed circumstances exist in relation to one or more persons who are dependants of the claimant or their spouse or that, in the opinion of the Commission, even though the prescribed circumstances do not exist, the claimant or their spouse supports one or more persons who are dependants of the claimant or of their spouse,
(i) 60% of the claimant's average weekly insurable earnings, if those earnings do not exceed 50% of the maximum weekly insurable earnings for the year in which the benefit period is established, or

(ii) the greater of 55% of the claimant's average weekly insurable earnings and $225, if the claimant's average weekly insurable earnings exceed 50% of the maximum weekly insurable earnings for that year.
   
Average weekly insurable earnings - major attachment claimant (2) The average weekly insurable earnings of a major attachment claimant are the insurable earnings in the last 20 weeks of insurable employment in their qualifying period divided by 20.
   
Average weekly insurable earnings - minor attachment claimant (3) The average weekly insurable earnings of a minor attachment claimant are the insurable earnings in their qualifying period divided by the larger of the following divisors:
(a) the divisor that equals the number of weeks of insurable employment in their qualifying period, 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 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
   
Regulations (4) The Commission may, with the approval of the Governor in Council, make regulations
(a) defining and determining who is a dependant of a claimant or a spouse of a claimant, or who is a spouse of a claimant;

(b) determining the weekly insurable earnings of claimants; and

(c) where earnings are paid or payable in the qualifying period for a period, whether on a weekly basis or otherwise, 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 in that period, 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.
   
7. The following applies in place of subsection 19(2):
   
Earnings in unemployed periods (2) Subject to subsections (3) and (4), if a claimant has earnings during any other week of unemployment, there shall be deducted from the benefits payable to the claimant in that week the amount, if any, of the earnings that exceeds 25% of their weekly rate of benefit.
   
8. The following applies in place of subsection 28(4):
   
Limitation (4) No weeks of disqualification shall be carried forward against a claimant who has had 20 or more weeks of insurable employment since the event giving rise to the disqualification.
   
9. (1) The following applies in place of paragraph 30(1)(a):
   
(a) the claimant has, since losing or leaving the employment, been employed in insurable employment for the number of weeks required by section 7 to qualify for benefits; or
   
(2) The following applies in place of subsections 30(5) and (6):
   
Restriction on qualifying for benefits (5) Where a claimant who has lost or left an employment as described in subsection (1) makes an initial claim for benefits, the following weeks of insurable employment may not be used for the purposes of subsection 7(2) or (3):
(a) weeks of insurable employment from that or any other employment before the day on which that employment was lost or left; and

(b) weeks of insurable employment in any employment that the claimant subsequently loses or leaves, as described in subsection (1).
   
Restriction on number of weeks and rate of benefits (6) No weeks of insurable employment in any employment that a claimant loses or leaves as described in subsection (1) may be used for the purposes of subsection 12(2) or section 14.
   
10. The following applies in place of paragraph 31(c):
   
(c) the claimant, after the beginning of the period of suspension, accumulates with another employer the number of weeks of insurable employment required under section 7 in order to qualify to receive benefits under this Act.
   
11. The following applies in place of paragraph 32(2)(c):
   
(c) the claimant, after the beginning of the period of leave, accumulates with another employer the number of weeks of insurable employment required under section 7 in order to qualify to receive benefits under this Act.
   
12. The following applies in place of section 66:
   
Premium rate 66. The premium rate for 1996 is the rate established for that year under section 48.1 of the Unemployment Insurance Act immediately before its repeal.
   
13. The following applies in place of section 67:
   
Employee's premium 67. (1) For every week during which a person is employed in insurable employment, the person shall pay, by deduction as provided in Part IV, an amount equal to such percentage of their insurable earnings as is fixed by the Commission as the employee's premium for the year in which that week occurs.
   
Payment of employer's premium (2) For every week during which an employer employs a person in insurable employment, the employer shall pay, in respect of that person and in the manner provided in Part IV, an amount equal to such percentage of that person's insurable earnings as is fixed by the Commission as the employer's premium payable by employers or a class of employers of which the employer is a member, as the case may be, for the year in which that week occurs.
   
Overlapping pay periods (3) Notwithstanding subsections (1) and (2), where insurable earnings are paid to a person in a year after the year in which their insurable employment occurred, all that insurable employment is, for the purposes of calculating insurable earnings and premiums payable in respect of them, deemed to have occurred in the year in which the insurable earnings are paid.
   
14. The following applies in place of subsection 82(1):
   
Deduction and payment of premiums 82. (1) Every employer paying remuneration to a person employed by the employer in insurable employment shall (a) deduct the prescribed amount from that remuneration as or on account of the employee's premium payable by that insured person under section 67 for any weeks in respect of which that remuneration is paid; and (b) remit that amount, together with the employer's premium payable by the employer under that section for those weeks, to the Receiver General at the prescribed time and in the prescribed manner.
   
15. The following applies in place of section 95:
   
Employee overpayment 95. (1) Where the aggregate of all amounts deducted as required from the insurable earnings of an insured person for a year, whether by one or more employers, on account of that person's employee's premiums for that year under this Act exceeds an amount equal to such percentage of the person's maximum yearly insurable earnings for the year as is fixed by the Commission, the excess is an overpayment made by the person.
   
Limitation - remuneration for more than 52 weeks (2) Notwithstanding subsection (1) and section 3, an overpayment is not created when amounts are deducted and remitted as required from the insurable earnings of an insured person in excess of the percentage of the maximum yearly insurable earnings for the year, if the excess occurs by reason only that the remuneration paid to the person in that year is in respect of more than 52 calendar weeks.
   
16. The following applies in place of paragraph 108(1)(h):
   
(h) for the allocation of the hours a person is employed with an employer and earnings to weeks or to pay periods;

(h.1) for calculating and determining the hours a person is employed with an employer, the amount of insurable earnings of insured persons and the amount of premiums payable;

(h.2) where earnings are paid or payable for a period otherwise than in respect of weeks, for calculating and establishing
(i) the weeks or number of weeks to be taken as weeks of insurable employment in that period, and

(ii) the amount to be taken as insurable earnings in any of those weeks or number of weeks in that period;
   
17. The following applies in place of subsection 153.1(3):
   
Limitation (3) The scheme established by the regulations may not provide special benefits to persons who
(a) have less than 20 weeks of insurable employment in their qualifying period; or

(b) are subject to an increase under section 7.1 in the number of hours of insurable employment required to qualify for benefits.
   
18. The following applies in place of Schedule I:

Table of Weeks of Benefit

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Date Modified: 2007-11-22

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