Employment Insurance Act

Marginal note:Disqualification — misconduct or leaving without just cause

• 30 (1) A claimant is disqualified from receiving any benefits if the claimant lost any employment because of their misconduct or voluntarily left any employment without just cause, unless

  • (a) the claimant has, since losing or leaving the employment, been employed in insurable employment for the number of hours required by section 7 or 7.1 to qualify to receive benefits; or

  • (b) the claimant is disentitled under sections 31 to 33 in relation to the employment.

• Marginal note:Length of disqualification

  (2) The disqualification is for each week of the claimant’s benefit period following the waiting 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.

• Marginal note:Not retroactive

  (3) If the event giving rise to the disqualification occurs during a benefit period of the claimant, the disqualification does not include any week in that benefit period before the week in which the event occurs.

• Marginal note:Suspension

  (4) Despite subsection (6), the disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.

• Marginal note:Restriction on qualifying for benefits

  (5) If a claimant who has lost or left an employment as described in subsection (1) makes an initial claim for benefits, the following hours may not be used to qualify under section 7 or 7.1 to receive benefits:

  • (a) hours of insurable employment from that or any other employment before the employment was lost or left; and

  • (b) hours of insurable employment in any employment that the claimant subsequently loses or leaves, as described in subsection (1).

• Marginal note:Restriction on number of weeks and rate of benefits

  (6) No hours of insurable employment in any employment that a claimant loses or leaves, as described in subsection (1), may be used for the purpose of determining the maximum number of weeks of benefits under subsection 12(2) or the claimant’s rate of weekly benefits under section 14.

• Marginal note:Interpretation

  (7) For greater certainty, but subject to paragraph (1)(a), a claimant may be disqualified under subsection (1) even if the claimant’s last employment before their claim for benefits was not lost or left as described in that subsection and regardless of whether their claim is an initial claim for benefits.