PART I

UNEMPLOYMENT BENEFITS

Interpretation

Definitions

6. (1) In this Part,

``disentitled''
« inadmissible ts»

``disentitled'' means not entitled under section 13, 18, 21, 31, 32, 33, 36, 37, 49 or 50 or under the regulations;

``disqualified' '
« exclu du bénéfice des prestations »

``disqualified'' means disqualified under section 27 or 30;

``initial claim for benefits''
« demande initiale de prestations »

``initial claim for benefits'' means a claim made for the purpose of establishing a claimant's benefit period;

``major attachment claimant''
« prestataire de la première catégorie »

``major attachment claimant'' means a claimant who qualifies to receive benefits and has 700 or more hours of insurable employment in their qualifying period;

``minor attachment claimant''
« prestataire de la deuxième catégorie »

``minor attachment claimant'' means a claimant who qualifies to receive benefits and has fewer than 700 hours of insurable employment in their qualifying period;

``qualifying period''
« période de référence »

``qualifying period'' means the period described in section 8;

``waiting period''
« délai de carence »

``waiting period'' means the two weeks of the benefit period described in section 13.

Rounding off percentages or fractions

(2) A reference in this Part to an amount equal to a percentage or fraction of earnings or benefits in a period shall be rounded to the nearest multiple of one dollar or, if the amount is equidistant from two multiples of one dollar, to the higher multiple.

Hours of insurable employment

(3) For the purposes of this Part, the number of hours of insurable employment that a claimant has in any period shall be established as provided under section 55, subject to any regulations made under paragraph 54(z.1) allocating the hours to the claimant's qualifying period.

Qualifying for Benefits

Benefits payable to persons who qualify

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 hours of insurable employment set out in the following table in relation to the regional rate of unemployment that applies to the person:

TABLE

 

	 		Required Number of
 			Hours of Insurable
Regional Rate		Employment in
of Unemployment		Qualifying Period

6% and under		700

more than 6% but
not more than 7%	665

more than 7% but
not more than 8%	630

more than 8% but
not more than 9%	595

more than 9% but
not more than 10%	560

more than 10% but
not more than 11%	525

more than 11% but
not more than 12%	490

more than 12% but
not more than 13%	455

more than 13%		420

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 910 or more hours of insurable employment in 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, in the last 52 weeks before their qualifying period, the person has had fewer than 490

    (a) hours of insurable employment;

    (b) hours for which benefits have been paid or were payable to the person, calculated on the basis of 35 hours for each week of benefits;

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

    (d) hours comprised of any combination of those hours.

Computation of hours

(5) For the purposes of subsection (4), an hour that is taken into account under any of paragraphs (4)(a), (b) or (c) may not be taken into account under the other.

Other benefit rights - Canada-U.S. agreement

(6) A claimant is not qualified to receive benefits if it is jointly determined that the claimant must first exhaust or end 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.

Qualifying period

8. (1) Subject to subsections (2) to (7), the qualifying period of an insured person is the shorter of

    (a) the 52-week period immediately before the beginning of a benefit period under subsection 10(1), and

    (b) the period that begins on the first day of an immediately preceding benefit period and ends with the end of the week before the beginning of a benefit period under subsection 10(1).

Extension of qualifying period

(2) A qualifying period mentioned in paragraph (1)(a) is extended by the aggregate of any weeks during the qualifying period for which the person proves, in such manner as the Commission may direct, that throughout the week the person was not employed in insurable employment because the person was

    (a) incapable of work because of a prescribed illness, injury, quarantine or pregnancy;

    (b) confined in a jail, penitentiary or other similar institution;

    (c) receiving assistance under employment benefits; or

    (d) receiving payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the person, her unborn child or a child whom she was breast-feeding.

Extension resulting from severance payments

(3) A qualifying period mentioned in paragraph (1)(a) is extended by the aggregate of any weeks during the qualifying period for which the person proves, in such manner as the Commission may direct, that

    (a) earnings paid because of the complete severance of their relationship with their former employer have been allocated to weeks in accordance with the regulations; and

    (b) the allocation has prevented them from establishing an interruption of earnings.

Further extension of qualifying period

(4) A qualifying period is further extended by the aggregate of any weeks during an extension for which the person proves, in such manner as the Commission may direct, that

    (a) in the case of an extension under subsection (2), the person was not employed in insurable employment because of a reason specified in that subsection; or

    (b) in the case of an extension under subsection (3), the person had earnings paid to them because of the complete severance of their relationship with their former employer.

Period not counted if benefits received

(5) For the purposes of subsections (2) to (4), a week during which the person was in receipt of benefits does not count.

Period not counted if insurable employment

(6) For the purposes of subsection (3) and paragraph (4)(b), a week during which the person was employed in insurable employment does not count.

Maximum extension of qualifying period

(7) No extension under any of subsections (2) to (4) may result in a qualifying period of more than 104 weeks.

Benefit Period

Establishment of benefit period

9. When an insured person who qualifies under section 7 makes an initial claim for benefits, a benefit period shall be established and, once it is established, benefits are payable to the person in accordance with this Part for each week of unemployment that falls in the benefit period.

Beginning of benefit period

10. (1) A benefit period begins on the later of

    (a) the Sunday of the week in which the interruption of earnings occurs, and

    (b) the Sunday of the week in which the initial claim for benefits is made.

Length of benefit period

(2) The length of a benefit period is 52 weeks, except as otherwise provided in subsections (10) to (12) and section 24.

Prior benefit period

(3) Subject to a change or cancellation of a benefit period under this section, a benefit period shall not be established for the claimant if a prior benefit period has not ended.

Late initial claims

(4) An initial claim for benefits made after the day when the claimant was first qualified to make the claim shall be regarded as having been made on an earlier day if the claimant shows that the claimant qualified to receive benefits on the earlier day and that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the initial claim was made.

Other late claims

(5) A claim for benefits, other than an initial claim for benefits, made after the time prescribed for making the claim shall be regarded as having been made on an earlier day if the claimant shows that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the claim was made.

Cancelling benefit period

(6) Once a benefit period has been established for a claimant, the Commission may

    (a) cancel the benefit period if it has ended and no benefits were paid or payable during the period; or

    (b) whether or not the period has ended, cancel at the request of the claimant that portion of the benefit period immediately before the first week for which benefits were paid or payable, if the claimant

      (i) establishes a new benefit period beginning the first week for which benefits were paid or payable, and

      (ii) shows that there was good cause for the delay in making the request throughout the period beginning on the day when benefits were first paid or payable and ending on the day when the request for cancellation was made.

Effect of cancellation

(7) A cancelled benefit period or portion of a benefit period is deemed never to have begun.

End of benefit period

(8) A benefit period ends when any of the following first occurs:

    (a) no further benefits are payable to the claimant in their benefit period;

    (b) the benefit period would otherwise end under this section;

    (c) 45 weeks of benefits have been paid to the claimant in their benefit period; or

    (d) the claimant

      (i) requests that their benefit period end,

      (ii) makes a new initial claim for benefits, and

      (iii) qualifies to receive benefits under this Part.

Late requests

(9) Whether or not the benefit period has ended, a request under paragraph 8(d) shall be regarded as having been made on an earlier day if the claimant shows that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the request was made.

Extension of benefit period

(10) A claimant's benefit period is extended by the aggregate of any weeks during the benefit period for which the claimant proves, in such manner as the Commission may direct, that the claimant was not entitled to benefits because the claimant was

    (a) confined in a jail, penitentiary or other similar institution;

    (b) in receipt of earnings paid because of the complete severance of their relationship with their former employer;

    (c) in receipt of workers' compensation payments for an illness or injury; or

    (d) in receipt of payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the claimant, her unborn child or a child whom she was breast-feeding.

Further extension of benefit period

(11) A claimant's benefit period is extended by the aggregate of any weeks during an extension of a benefit period under subsection (10) for which the claimant proves, in such manner as the Commission may direct, that the claimant was not entitled to benefits because of a reason specified in that subsection.

Maximum extension of benefit period

(12) No extension under subsection (10) or (11) may result in a benefit period of more than 104 weeks.

Week of unemploymen t

11. (1) A week of unemployment for a claimant is a week in which the claimant does not work a full working week.

Exception - no duties to perform

(2) A week during which a claimant's contract of service continues and in respect of which the claimant receives or will receive their usual remuneration for a full working week is not a week of unemployment, even though the claimant may be excused from performing their normal duties or does not have any duties to perform at that time.

Exception - leave with deferred remuneration

(3) A week or part of a week during a period of leave from employment is not a week of unemployment if the employee

    (a) takes the period of leave under an agreement with their employer;