Employment Insurance Regulations (SOR/96-332)

AMENDMENTS NOT IN FORCE

• — SOR/2025-74, s. 39

  • 39 Section 80 of the Regulations is replaced by the following:

    • 80 Benefits are not payable in accordance with a decision of the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act if, within 21 days after the day on which a decision is given, the Commission appeals to the Appeal Division of the Social Security Tribunal on the ground that the Board of Appeal has erred in law.

• — SOR/2025-74, s. 41

  • • 41 (1) The portion of subsection 82(1) of the Regulations before paragraph (a) is replaced by the following:

      • • 82 (1) If a decision of the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act that declares a provision of these Regulations to be ultra vires is appealed by the Commission to the Appeal Division of the Social Security Tribunal, benefits are not payable in respect of the claim for benefits that is the object of the decision — nor in respect of any other claim for benefits made after that decision, if benefits would not be payable except for that decision — until

    • (2) Paragraph 82(1)(b) of the Regulations is replaced by the following:

      • (b) the final determination of any application made by the Commission under the Federal Courts Act for judicial review of the final determination of the appeal by the Appeal Division, if the final determination of the appeal declares the provision of these Regulations to be ultra vires.

• — SOR/2026-203, s. 1

  • 1 The Employment Insurance RegulationsFootnote ¹ are amended by adding the following after section 77.999:

    • Return to footnote ¹SOR/96-332

    Pilot Project Establishing Measures to Respond to Major Changes in Economic Conditions and to Support Job Mobility

    Purpose

    • 77.9991 Pilot Project No. 25 is established for the purpose of testing the outcomes of applying a set of employment insurance measures to respond to the impacts on employment of major changes in economic conditions and to support job mobility.

    Waiting Period

    • 77.9992 The Commission may waive the waiting period in respect of any benefit period that begins during the period beginning on October 11, 2026 and ending on October 9, 2027.

    Earnings for Benefit Purposes

    • 77.9993 The earnings paid or payable to a claimant by reason of a lay-off or separation from an employment do not constitute earnings for the purposes referred to in subsection 35(2) if

      • (a) the claimant’s benefit period begins during the period beginning on October 11, 2026 and ending on October 9, 2027; or

      • (b) those earnings would, but for this section, be allocated under subsections 36(9) to (11) to a number of weeks the first week of which falls within the period beginning on October 11, 2026 and ending on October 9, 2027.

    Benefit Period and Weeks of Regular Benefits

    • • 77.9994 (1) In this section, long-tenured worker means a claimant who was paid less than 36 weeks of regular benefits in the 156 weeks before the beginning of their benefit period and who, according to their income tax returns for which notices of assessment have been sent by the Canada Revenue Agency, paid at least 30% of the maximum annual employee’s premium in 7 of the 10 years before the beginning of their benefit period or, if their income tax return for the year before the beginning of their benefit period has not yet been filed with that Agency or a notice of assessment for that year has not yet been sent by that Agency, in 7 of the 10 years before that year.

      • (2) A benefit period that is established in accordance with section 9 of the Act and that begins during the period beginning on October 11, 2026 and ending on June 12, 2027 is extended by 20 weeks if the claimant is a long-tenured worker and has been paid at least one week of regular benefits or benefits by virtue of section 25 of the Act in that benefit period.

      • (3) In respect of any benefit period that begins during the period beginning on October 11, 2026 and ending on June 12, 2027, subsection 10(14) of the Act is adapted as follows:

        • Maximum extension under subsections (10) to (13.02)

          (14) An extension under one or more of subsections (10) to (13.02) and subsection 77.9994(2) of the Employment Insurance Regulations must not result in a benefit period of more than 104 weeks.

      • (4) If a claimant’s benefit period has been extended under subsection (2),

        • (a) the maximum number of weeks determined under subsection 12(2) or (2.3) of the Act for which benefits may be paid to the claimant in that benefit period because of a reason other than one mentioned in subsection 12(3) of the Act is increased by 20 weeks; and

        • (b) the reference in subsection 12(6) of the Act to 50 weeks is to be read as a reference to 70 weeks.

      • (5) Additional weeks of benefits that are payable under this section do not cease to be payable by reason only that the claimant ceases to be a long-tenured worker during the benefit period.

    Reasons for Loss of Employment

    • • 77.9995 (1) In respect of any benefit period that begins during the period beginning on October 11, 2026 and ending on October 9, 2027, paragraph 29(a) of the Act is adapted as follows:

        • (a) employment refers to the claimant’s last employment before their initial claim for benefits or any employment of the claimant within their benefit period;

      • (2) In respect of any benefit period that begins during the period beginning on October 11, 2026 and ending on October 9, 2027, the portion of subsection 30(1) of the Act before paragraph (b) is adapted as follows:

        • Disqualification — misconduct or leaving without just cause

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

            • (a) the claimant has, since losing or leaving the employment, been employed in insurable employment and made a new initial claim for benefits; or

      • (3) In respect of any benefit period that begins during the period beginning on October 11, 2026 and ending on October 9, 2027, subsections 30(4) to (7) of the Act are adapted as follows:

        • Suspension

          (4) The disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.

      • (4) In respect of any benefit period that begins during the period beginning on October 11, 2026 and ending on October 9, 2027, the portion of section 51 of the Act before paragraph (a) is adapted as follows:

        • Information

          51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment, as defined in paragraph 29(a), resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall