Employment Insurance Regulations (SOR/96-332)

Pilot Project Increasing Allowable Earnings from Employment While Claimant is Receiving Benefits

• 77.94 (1) Pilot Project No. 17 is established for the purpose of testing whether increasing the amount of a claimant’s allowable earnings from employment while the claimant is receiving benefits would encourage more claimants to accept employment while receiving benefits.

• (2) Pilot Project No. 17 applies in respect of every claimant whose benefit period is established or ends in the period beginning on August 7, 2011 and ending on August 4, 2012 and who is ordinarily resident in a region described in Schedule I.

• (3) For the purpose of Pilot Project No. 17, subsection 19(2) of the Act is adapted such that the maximum allowable earnings shall be

  • (a) $75, if the claimant’s rate of weekly benefits is less than $188; and

  • (b) 40% of the claimant’s rate of weekly benefits, if that rate is $188 or more.

• (4) This section ceases to have effect on August 4, 2012.

Pilot Project to Encourage Claimant to Work More While Receiving Benefits

• 77.95 (1) Pilot Project No. 18 is established for the purpose of testing whether deducting from benefits payable to any claimant who has earnings during a week of unemployment 50% of those earnings, until the earnings exceed 90% of their weekly insurable earnings, would encourage claimants to work more while receiving benefits.

• (2) Pilot Project No. 18 applies in respect of every claimant who makes a claim for benefits for any week in the period beginning on August 5, 2012 and ending on August 1, 2015 and who is ordinarily resident in a region described in Schedule I.

• (3) For the purpose of Pilot Project No. 18, section 19 of the Act is adapted by adding the following after subsection (2):

  • (2.1) The amount to be deducted under subsection (2), except for the purpose of section 13, is equal to the total of

    • (a) 50% of the earnings that are less than or equal to 90% of the claimant’s weekly insurable earnings used to establish their rate of weekly benefits, and

    • (b) 100% of any earnings that are greater than 90% of the claimant’s weekly insurable earnings used to establish their rate of weekly benefits.

• (4) For the purpose of Pilot Project No. 18, section 152.18 of the Act is adapted by adding the following after subsection (2):

  • (2.1) The amount to be deducted under subsection (2), except for the purpose of section 152.15, is equal to the total of

    • (a) 50% of the earnings that are less than or equal to 90% of the sum of the amounts referred to in paragraphs 152.16(1)(a) and (b) divided by 52, and

    • (b) 100% of any earnings that are greater than 90% of the sum of the amounts referred to in paragraphs 152.16(1)(a) and (b) divided by 52.

• (5) This section ceases to have effect on August 1, 2015.

• 77.96 (1) The purpose of Pilot Project No. 18 is also to test which method, the one described in subsection 77.94(3) or the one described in subsection 77.95(3), is more effective in encouraging claimants to work more while receiving benefits.

• (2) A claimant who had earnings that were subject to subsection 77.94(3) during the period beginning on August 7, 2011 and ending on August 4, 2012 may elect to have subsection 77.94(3), instead of subsection 77.95(3), apply to earnings received during all weeks of unemployment included in a benefit period, or the portion of a benefit period, that falls within the period beginning on August 5, 2012 and ending on August 1, 2015. The election is irrevocable.

• (3) A claimant must inform the Commission of their election, if any, in respect of earnings received during all weeks of unemployment included in a given benefit period by the applicable deadline as follows:

  • (a) if a notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant during the period beginning on August 5, 2012 and ending on January 5, 2013, February 5, 2013 or 30 days after the day on which the last notification in respect of one or more weeks of unemployment included in that benefit period is issued, whichever is later; or

  • (b) if a notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant after January 5, 2013, 30 days after the day on which the last notification in respect of one or more weeks of unemployment included in that benefit period is issued or August 1, 2015, whichever is earlier.

• (4) If a claimant informs the Commission of their election after the applicable deadline, the election is considered to have been made by that deadline if the claimant shows that there was good cause for the delay throughout the period beginning on the day on which the deadline expired and ending on the day on which the claimant informs the Commission of their election.

• (5) Subject to subsection (6), if no election is made by the applicable deadline, subsection 77.95(3) applies in respect of earnings received during all weeks of unemployment included in the benefit period in question and earnings received during all weeks of unemployment included in any subsequent benefit period. If a benefit period ends after August 1, 2015, subsection 77.95(3) applies only in respect of earnings received during all weeks of unemployment included in the portion of that benefit period that falls within the period beginning on August 5, 2012 and ending on August 1, 2015.

• (6) If a claimant has no earnings during the weeks of unemployment included in the benefit period in question, the failure to make an election by the applicable deadline does not result in the application of subsection 77.95(3) in respect of earnings received during all weeks of unemployment included in any subsequent benefit period.

• (7) Despite subsection (5), if, during the period beginning on August 5, 2012 and ending on October 6, 2012, a notification of payment or non-payment of benefits is issued to a claimant in respect of one or more weeks of unemployment included in a benefit period and, after October 6, 2012, no additional notifications are issued to the claimant in respect of one or more weeks of unemployment included in that same benefit period, the claimant may, if no election is made in respect of earnings received during all weeks of unemployment included in that benefit period, make an election in respect of earnings received during all weeks of unemployment included in the subsequent benefit period.

• (8) A decision of the Commission in respect of any matter related to an election, including the failure to make an election, is

  • (a) until March 31, 2013, not subject to appeal under section 114 of the Act; and

  • (b) on or after April 1, 2013, not subject to reconsideration under section 112 of the Act.

Pilot Project to Encourage Claimant to Work More While Receiving Benefits (2)

• 77.97 (1) Pilot Project No. 19 is established for the purpose of testing whether deducting from benefits payable to any claimant who has earnings during a week of unemployment 50% of those earnings, until the earnings exceed 90% of their weekly insurable earnings, would encourage claimants to work more while receiving benefits.

• (2) Pilot Project No. 19 applies in respect of every claimant who makes a claim for benefits for any week in the period beginning on August 2, 2015 and ending on August 6, 2016 and who is ordinarily resident in a region described in Schedule I.

• (3) For the purpose of Pilot Project No. 19, section 19 of the Act is adapted by adding the following after subsection (2):

  • (2.1) The amount to be deducted under subsection (2), except for the purpose of section 13, is equal to the total of

    • (a) 50% of the earnings that are less than or equal to 90% of the claimant’s weekly insurable earnings used to establish their rate of weekly benefits, and

    • (b) 100% of any earnings that are greater than 90% of the claimant’s weekly insurable earnings used to establish their rate of weekly benefits.

• (4) For the purpose of Pilot Project No. 19, section 152.18 of the Act is adapted by adding the following after subsection (2):

  • (2.1) The amount to be deducted under subsection (2), except for the purpose of section 152.15, is equal to the total of

    • (a) 50% of the earnings that are less than or equal to 90% of the sum of the amounts referred to in paragraphs 152.16(1)(a) and (b) divided by 52, and

    • (b) 100% of any earnings that are greater than 90% of the sum of the amounts referred to in paragraphs 152.16(1)(a) and (b) divided by 52.

• (5) This section ceases to have effect on August 6, 2016.

• 77.98 (1) The purpose of Pilot Project No. 19 is also to test which method, the one described in subsection 77.94(3) or the one described in subsection 77.97(3), is more effective in encouraging claimants to work more while receiving benefits.

• (2) A claimant may elect to have subsection 77.94(3), instead of subsection 77.97(3), apply to earnings received during all weeks of unemployment included in a benefit period, or the portion of a benefit period, that falls within the period beginning on August 2, 2015 and ending on August 6, 2016 if the claimant

  • (a) had earnings that were subject to subsection 77.94(3) during the period beginning on August 7, 2011 and ending on August 4, 2012; and

  • (b) made every election that they were entitled to make under section 77.96, other than an election in respect of a benefit period that began before August 2, 2015 if the last notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant on or after August 2, 2015.

• (3) Any election made under section 77.96 in respect of a benefit period is deemed to apply to earnings received during all weeks of unemployment included in the portion of that benefit period that falls within the period beginning on August 2, 2015 and ending on August 6, 2016 if the last notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant on or after August 2, 2015.

• (4) Any election made under subsection (2) in respect of a benefit period that began before August 2, 2015 also applies to earnings received during all weeks of unemployment included in the portion of that benefit period that falls before August 2, 2015.

• (5) A claimant must inform the Commission of their election, if any, in respect of earnings received during all weeks of unemployment included in a given benefit period not later than 30 days after the day on which the last notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant or August 6, 2016, whichever is earlier. The election is irrevocable.

• (6) If a claimant informs the Commission of their election after the day on which the deadline expires, the election is considered to have been made by that deadline if the claimant shows that there was good cause for the delay throughout the period beginning on the day on which the deadline expired and ending on the day on which the claimant informs the Commission of their election.

• (7) Subject to subsection (8), if no election is made by the applicable deadline, subsection 77.97(3) applies in respect of earnings received during all weeks of unemployment included in the benefit period in question and earnings received during all weeks of unemployment included in any subsequent benefit period. If a benefit period ends after August 6, 2016, subsection 77.97(3) applies only in respect of earnings received during all weeks of unemployment included in the portion of that benefit period that falls within the period beginning on August 2, 2015 and ending on August 6, 2016.

• (8) If a claimant has no earnings during the weeks of unemployment included in the benefit period in question, the failure to make an election by the applicable deadline does not result in the application of subsection 77.97(3) in respect of earnings received during all weeks of unemployment included in any subsequent benefit period.

• (9) A decision of the Commission in respect of any matter related to an election, including the failure to make an election, is not subject to reconsideration under section 112 of the Act.

Pilot Project Relating to Earned Income While Receiving Benefits

• 77.99 (1) Pilot Project No. 20 is established for the purpose of testing whether deducting from benefits payable to any claimant who has earnings during a week of unemployment 50% of those earnings, until the earnings are greater than 90% of their weekly insurable earnings, would encourage claimants to work more while receiving benefits.

• (2) Pilot Project No. 20 applies in respect of every claimant who makes a claim for benefits for any week in the period beginning on August 7, 2016 and ending on August 11, 2018 and who is ordinarily resident in a region described in Schedule I.

• (3) For the purpose of Pilot Project No. 20, section 19 of the Act is adapted by adding the following after subsection (2):

  • (2.1) The amount to be deducted under subsection (2), except for the purpose of section 13, is equal to the total of

    • (a) 50% of the earnings that are less than or equal to 90% of the claimant’s weekly insurable earnings used to establish their rate of weekly benefits, and

    • (b) 100% of any earnings that are greater than 90% of the claimant’s weekly insurable earnings used to establish their rate of weekly benefits.

• (4) For the purpose of Pilot Project No. 20, section 152.18 of the Act is adapted by adding the following after subsection (2):

  • (2.1) The amount to be deducted under subsection (2), except for the purpose of section 152.15, is equal to the total of

    • (a) 50% of the earnings that are less than or equal to 90% of the sum of the amounts referred to in paragraphs 152.16(1)(a) and (b) divided by 52, and

    • (b) 100% of any earnings that are greater than 90% of the sum of the amounts referred to in paragraphs 152.16(1)(a) and (b) divided by 52.

• (5) This section ceases to have effect on August 11, 2018.