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Bill C-296

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1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-296

An Act to amend the Employment Insurance Act, 1997 (rate of benefits)

1996, c. 23

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 4 of the Employment Insurance Act is replaced by the following:

Maximum for each year

4. For the purposes of subsection 82(2) and sections 95 and 145, the maximum yearly insurable earnings is the amount obtained by multiplying the weekly insurable earnings by 52.

2. (1) Subsections 14(1.1) and (2) of the Act are replaced by the following:

Maximum weekly insurable earnings

(1.1) The maximum weekly insurable earnings has the same meaning as in sections 45 to 47 of the Unemployment Insurance Act, R.S. 1985, c. U-1, as those sections read on June 29, 1996.

Regulations

(1.2) The Governor in Council may make regulations for the application of section 46 referred to in subsection (1.1).

Weekly insurable earnings

(2) A claimant's weekly insurable earnings are the claimant's average insurable earnings for the number of weeks in which the claimant had the highest insurable earnings in the rate calculation period determined in accordance with the following table by reference to the applicable regional rate of unemployment.

TABLE

Regional Rate of
Unemployment Weeks

not more than 6% 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% but
not more than 14% 12

more than 14% but
not more than15% 11

more than 15% 10

(2) The portion of subsection 14(4) of the Act immediately before paragraph (a) is replaced by the following:

Rate calculation period

(4) The rate calculation period is the period of not more than 52 consecutive weeks in the claimant's qualifying period ending with the later of

(3) Subsection 14(4.1) of the Act is replaced by the following:

Length of rate calculation period

(4.1) The rate calculation is 52 weeks, unless the claimant's qualifying period begins on a Sunday that is less than 52 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.

3. Section 17 of the Act is repealed.

4. Subsection 19(2) of the Act is replaced by the following:

Earnings in periods of unemploy-
ment

(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 25% of the maximum rate of weekly benefits.

5. The Act is amended by adding the following after section 153.1

PART VIII.2

REGULATIONS

Regulations

153.2 (1) Notwithstanding any other provision of this Act, within three months following the coming into force of this section, the Governor shall make regulations

    (a) for the operation of sections 1 to 4 of the Act to amend the Employment Insurance Act, 1997; and

    (itb) amending sections of this Act to make them more consistent with sections 1 to 4 of the Act to amend the Employment Insurance Act, 1997.

Coming into force of regulations

(2) Subject to subsection (3), regulations made under subsection (1) shall come into force three months after this section comes into force.

Approval of the House of Commons

(3) The coming into force of any regulations that amend or repeal regulations made by the Governor in Council under subsection (1) is subject to approval by resolution of the House of Commons, and the regulations shall come into force on the day after the House of Commons approves the regulations by resolution.

Coming into force

6. Sections 1 to 4 shall come into force three months after this Act is assented to.