Bill C-111
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| Exception -
compensatory
leave
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(4) An insured person is deemed to have
worked a full working week during each week
that falls wholly or partly in a period of leave
if
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Payment of Benefits |
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| Benefits
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12. (1) If a benefit period has been
established for a claimant, benefits may be
paid to the claimant for each week of
unemployment that falls in the benefit period,
subject to the maximums established by this
section.
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| General
maximum
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(2) The maximum number of weeks for
which benefits may be paid in a benefit period
because of a reason other than those
mentioned 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 hours of insurable
employment of the claimant in their
qualifying period.
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| Maximum -
special
benefits
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(3) Subject to subsection (7), the maximum
number of weeks for which benefits may be
paid in a benefit period
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| Maximum -
special
benefits
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(4) Subject to subsection (7), the maximum
number of weeks for which benefits may be
paid
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| Combined
weeks of
benefits
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(5) In a claimant's benefit period, the
claimant may combine weeks of benefits to
which the claimant is entitled because of a
reason mentioned in subsection (3), but the
maximum number of combined weeks is 30.
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| Combined
weeks of
benefits
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(6) In a claimant's benefit period, the
claimant may combine weeks of benefits to
which the claimant is entitled because of a
reason mentioned in subsections (2) and (3),
but if the claimant is entitled under subsection
(2)
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| Extension of
maximum
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(7) The maximum number of 10 weeks
specified in paragraphs (3)(b) and (4)(b) is
extended to 15 weeks if
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| Adoption
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(8) For the purposes of this section, the
placement with a major attachment claimant,
at the same or substantially the same time, of
two or more children for the purpose of
adoption is a single placement of a child or
children for the purpose of adoption.
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| Waiting
period
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13. A claimant is not entitled to be paid
benefits in a benefit period until, after the
beginning of the benefit period, the claimant
has served a two week waiting period that
begins with a week of unemployment for
which benefits would otherwise be payable.
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Rate of Benefits |
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| Rate of
weekly
benefits
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14. (1) The rate of weekly benefits payable
to a claimant is 55% of their weekly insurable
earnings.
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| Weekly
insurable
earnings
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(2) A claimant's weekly insurable earnings
are their insurable earnings in the rate
calculation period divided by the divisor
determined in accordance with the following
table by reference to the applicable regional
rate of unemployment:
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TABLE |
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Applicable Divisor Divisor Regional if Benefit if Benefit Rate of Period Period Unemploy- Established Established in ment in 1996 or after 1997 8% or less 20 20 more than 8% but not more than 10% 18 20 more than 10% but not more than 12% 16 18 more than 12% 14 16 |
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| Insurable
earnings
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(3) Insurable earnings in the rate calculation
period include earnings from any insurable
employment, regardless of whether the
employment has ended.
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| Rate
calculation
period
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(4) The rate calculation period is the period
of weeks equal in number to the applicable
divisor determined under subsection (2) and
ending with the later of
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| Regulation
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(5) For the purpose of achieving a uniform
divisor of 20 in subsection (2), the Minister
may, with the approval of the Governor in
Council, by regulation amend the table in that
subsection by increasing to a maximum of 20
any divisor in the table for the purpose of
applying it at any time after 1998 if the
Minister is satisfied, on the basis of a report
under section 3, that individuals, communities
and the economy have adequately adjusted to
the changes mentioned in that section.
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| Tabling of
regulation
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(6) The Minister shall table each regulation
in the House of Commons within three sitting
days after the day on which it is made.
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| Motion to
repeal
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(7) The regulation comes into force on the
10th sitting day after the day on which it is
tabled, or on any later day specified in the
regulation, unless a motion to repeal it, signed
by not fewer than 30 members of the House of
Commons, is filed with the Speaker of the
House of Commons before the 10th sitting
day.
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| Consideration
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(8) If a motion to repeal the regulation is
filed with the Speaker of the House of
Commons in accordance with subsection (7),
it shall be taken up and considered by the
House of Commons within five sitting days
after the day on which it is filed.
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| Time for
disposition of
motion
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(9) The motion shall be taken up after the
ordinary hour of daily adjournment, for a
period of not more than four hours, and at the
end of the debate the Speaker of the House of
Commons shall, without delay or further
debate or amendment, put every question
necessary for the disposition of the motion.
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| Adoption or
defeat of
motion
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(10) If the motion is adopted, the regulation
is repealed, and if the motion is defeated, the
regulation comes into force on the day after
the day on which the motion is defeated or on
any later day specified in the regulation.
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| Regulation
repealed
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(11) The regulation is repealed if
Parliament is prorogued or dissolved before
the motion is disposed of or, if no motion has
been filed, before the end of the period
mentioned in subsection (7).
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| Definition of
``sitting day''
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(12) For the purpose of this section, ``sitting
day'' means a day on which the House of
Commons is sitting.
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| Reduction for
claimants who
previously
received
regular
benefits
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15. (1) The percentage of 55% mentioned in
subsection 14(1) is reduced as provided in the
following table if the claimant is not claiming
special benefits and in the 260 weeks before
the benefit period begins, the claimant was
paid regular benefits during more than 20
weeks:
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TABLE |
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Number of Weeks of Regular Reduced Benefits Paid Percentage 21-40 54% 41-60 53% 61-80 52% 81-100 51% more than 100 50% |
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| Excluded
benefits
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(2) Regular benefits paid for weeks
beginning before June 30, 1996 shall not be
taken into account when applying subsection
(1).
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| Rate
increase -
family
supplement
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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.
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| Criteria
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(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.
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| Child tax
benefit
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(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.
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| Maximum
increase
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(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%.
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| Maximum
rate of weekly
benefits
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17. The maximum rate of weekly benefits is
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Disentitlement to Benefits |
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| Availability
for work, etc.
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18. A claimant is not entitled to be paid
benefits for a working day in a benefit period
for which the claimant fails to prove that on
that day the claimant was
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Deductions from Benefits |
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| Earnings in
waiting period
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19. (1) If a claimant has earnings during
their waiting period, an amount not exceeding
those earnings shall, as prescribed, be
deducted from the benefits payable for the
first three weeks for which benefits are
otherwise payable.
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| Earnings in
periods of
unemploymen
t
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(2) Subject to subsections (3) and (4), if the
claimant has earnings during any other week
of unemployment, there shall be deducted
from benefits payable in that week the
amount, if any, of the earnings that exceeds
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| Undeclared
earnings
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(3) If, in the opinion of the Commission, the
claimant has knowingly failed to declare all or
some of their earnings to the Commission for
a period for which benefits were paid,
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| Earnings and
allowances
from
employment
benefits,
courses and
programs
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(4) Earnings from employment under
employment benefits and earnings or
allowances payable to a claimant for attending
a course or program of instruction or training
shall not be deducted under this section except
in accordance with the regulations.
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| Deduction for
excluded days
in waiting
period
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20. (1) If a claimant is not entitled to receive
benefits for a working day in their waiting
period, an amount equal to 1/5 of their weekly
rate of benefits for each such working day
shall be deducted from the benefits payable
for the three weeks described in subsection
19(1).
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| Deduction for
excluded days
not in waiting
period
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(2) If a claimant is disentitled from
receiving benefits for a working day in a week
of unemployment that is not in their waiting
period, an amount equal to 1/5 of their weekly
rate of benefits for each such working day
shall be deducted from the benefits payable
for that week.
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