Economic and Fiscal Update Implementation Act, 2021 (S.C. 2022, c. 5)

Marginal note:General maximum — exception for seasonal workers

(2.3) Despite subsection (2), the maximum number of weeks for which benefits may be paid in a benefit period to a claimant because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table set out in Schedule V 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 if

• (a) the following conditions are met:

  • (i) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 29, 2022,

  • (ii) on the date on which the benefit period is established, the claimant is ordinarily resident in a region described in Schedule VI,

  • (iii) in the 260 weeks before the date on which the benefit period referred to in subparagraph (i) begins, at least three benefit periods were established during which regular benefits were paid or payable, and

  • (iv) at least two of the benefit periods referred to in subparagraph (iii) began around the same time of year as the benefit period referred to in subparagraph (i) began; or

• (b) the conditions referred to in subparagraphs (a)(i) and (ii) are met and the claimant had met the criteria set out in paragraphs 77.992(2)(b) to (d) of the Employment Insurance Regulations — taking into account subsections 77.992(3) and (4) of those Regulations — in respect of a benefit period established for the claimant on a date within the period referred to in paragraph 77.992(2)(a) of those Regulations.

Marginal note:Establishment of benefit period — presumption

(2.4) For the purposes of subparagraph (2.3)(a)(iii), a claimant’s benefit period established before the beginning of the 260-week period is considered to have been established within the 260-week period if the claimant received a notification of payment or non-payment with respect to any week that falls within that 260-week period.

Marginal note:Beginning of benefit period — presumption

(2.5) For the purposes of subparagraph (2.3)(a)(iv), a benefit period in a previous year is considered to have begun around the same time of year if it began during the period that begins eight weeks before and ends eight weeks after the week that is

• (a) 52 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);

• (b) 104 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);

• (c) 156 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);

• (d) 208 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i); or

• (e) 260 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i).