Bill C-422

1st Session, 41st Parliament,

60-61 Elizabeth II, 2011-2012

house of commons of canada

BILL C-422

An Act to amend the Employment Insurance Act (elimination of waiting period)

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

1. (1) The definition “waiting period” in subsection 6(1) of the Employment Insurance Act is repealed.

(2) The definition “disentitled” in subsection 6(1) of the Act is replaced by the following:

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

2. Section 13 of the Act is repealed.

3. (1) Subsection 19(1) of the Act is repealed.

(2) The portion of subsection 19(2) of the Act before paragraph (a) is replaced by the following:

(2) Subject to subsections (3) and (4), if the claimant has earnings during a week of unemployment, there shall be deducted from benefits payable in that week the amount, if any, of the earnings that exceeds

4. Section 20 of the Act is replaced by the following:

20. If a claimant is disentitled from receiving benefits for a working day in a week of unemployment, 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.

5. Subsection 22(4) of the Act is repealed.

6. Subsections 23(5) and (6) of the Act are repealed.

7. Subsection 23.1(7) of the Act is repealed.

8. Subsection 24(1) of the Act is amended by adding “and” at the end of paragraph (g) and by repealing paragraph (h).

9. Subsection 28(2) of the Act is replaced by the following:

(2) Subject to subsections (3) to (5), the weeks of disqualification are to be served during the weeks for which benefits would otherwise be payable if the disqualification had not been imposed and, for greater certainty, the length of the disqualification is not affected by any subsequent loss of employment by the claimant during the benefit period.

10. Subsection 30(2) of the Act is replaced by the following:

(2) The disqualification is for each week of the claimant’s benefit period and, for greater certainty, the length of the disqualification is not affected by any subsequent loss of employment by the claimant during the benefit period.

11. (1) Paragraph 54(a) of the Act is repealed.

(2) Paragraph 54(f) of the Act is replaced by the following:

f) determining the amount to be deducted under section 20 from weekly benefits paid if the claimant normally works other than a five day week;

(3) Paragraph 54(f.6) of the Act is repealed.

12. (1) The definition “waiting period” in subsection 152.01(1) of the Act is repealed.

(2) The definition “disentitled” in subsection 152.01(1) of the Act is replaced by the following:

“disentitled” means not entitled under sections 49, 50, 152.03 or 152.2 or under the regulations.

13. Subsections 152.05(14) and (15) of the Act are repealed.

14. Subsection 152.06(6) of the Act is repealed.

15. Section 152.15 of the Act is repealed.

16. (1) Subsection 152.18(1) of the Act is repealed.

(2) The portion of subsection 152.18(2) of the Act before paragraph (a) is replaced by the following:

(2) Subject to subsection (3), if the self-employed person has earnings during a week of unemployment, there shall be deducted from benefits payable in that week the amount, if any, of the earnings that exceeds

17. Section 152.19 of the Act is replaced by the following:

152.19 If a self-employed person is not entitled to receive benefits for a working day in a week of unemployment, 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.

18. On the first day on which section 6 of this Act is in force and both section 10 of the Budget Implementation Act, 2000, chapter 14 of the Statutes of Canada, 2000, and section 34 of the Fairness for the Self-Employed Act, chapter 33 of the Statutes of Canada, 2009 have produced their effects, subsections 23(5), (6) and (7) of the Employment Insurance Act are replaced by the following:

(5) Subsections 12(3) to (8) and subparagraph 58(1)(b)(ii) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).