Employment Insurance Regulations (SOR/96-332)

Rate of Unemployment

77.998 If the later of the weeks referred to in subsection 10(1) of the Act begins during the period beginning on April 6, 2025 and ending on October 11, 2025 and the regional rate of unemployment that applies to the claimant as determined under section 17 of these Regulations is less than 13.1%, the regional rate of unemployment that applies to the claimant is deemed to be

• (a) 7.1%, if the rate determined under section 17 is 6.1% or less;

• (b) the sum of 1% and the rate determined under section 17, if the latter is greater than 6.1% and less than 12.1%; or

• (c) 13.1%, if the rate determined under section 17 is 12.1% or greater.

Benefit Period and Weeks of Regular Benefits

• 77.999 (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, that begins during the period beginning on June 15, 2025 and ending on October 10, 2026 and that has not ended in accordance with paragraph 10(8)(d) of the Act before the day on which this section comes into force 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 June 15, 2025 and ending on October 10, 2026, subsection 10(14) of the Act is adapted as follows:

  • (14) An extension under one or more of subsections (10) to (13.02) and subsection 77.999(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.

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:

  • Marginal note: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:

  Marginal note: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:

  • Marginal note: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:

  Marginal note: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

PART VAdministrative Provisions

Reconsideration under Section 112 of the Act

• 78 (1) For the purposes of section 112 of the Act, a request for reconsideration of a decision of the Commission must be in writing and contain the following information:

  • (a) the name of the person making the request and their

    • (i) social insurance number or the business number assigned to them by the Minister of National Revenue, as the case may be,

    • (ii) address and telephone number, and

    • (iii) facsimile number and email address, if any;

  • (b) the date on which the decision was communicated to the person;

  • (c) the reasons why the person is requesting a reconsideration of the decision; and

  • (d) any relevant information that was not previously provided to the Commission.

• (2) A request for reconsideration must be filed with the Commission at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Commission on the website of the Department of Employment and Social Development.

79 The Commission must render decisions on requests for reconsideration without delay.

Suspension of Benefits Pending Appeal

80 Benefits are not payable in accordance with a decision of the Employment Insurance Section of the Social Security Tribunal or 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 Employment Insurance Section or the Board of Appeal, as the case may be, has erred in law.

81 If the Commission makes an application under the Federal Courts Act for judicial review of a decision of 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 until the final determination of the application for judicial review.

• 82 (1) If either a decision of the General Division of the Social Security Tribunal that declares a provision of the Act or these Regulations to be ultra vires or 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

  • (a) the final determination of the appeal by the Appeal Division; or

  • (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 the Act or these Regulations to be ultra vires.

• (2) If the Commission makes an application under the Federal Courts Act for judicial review of a decision of the Appeal Division of the Social Security Tribunal that declares a provision of the Act or these Regulations to be ultra vires, 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 the decision of the Appeal Division, if benefits would not be payable except for that decision — until the final determination of the application for judicial review.

83 [Repealed, SOR/2013-64, s. 2]

84 [Repealed, SOR/2013-64, s. 2]

85 [Repealed, SOR/2013-64, s. 2]

86 [Repealed, SOR/2013-64, s. 2]

87 [Repealed, SOR/2013-64, s. 2]

Payment of Benefits Pending a Coverage Decision

• 88 (1) Subject to subsection (2), where a request is made to an officer of the Canada Customs and Revenue Agency under paragraph 90(1)(a), (b), (c) or (d) of the Act for a ruling on the question of whether a claimant is or was employed in insurable employment for any number of hours in a particular period of employment or alleged employment, no benefits are payable in respect of any hour that is the subject of the ruling until the later of

  • (a) the day on which the officer's ruling on the question becomes final; and

  • (b) the day on which

    • (i) where an appeal from the ruling of that officer is made to the Minister of National Revenue, the decision of the Minister becomes final,

    • (ii) where an appeal from the decision of the Minister of National Revenue is filed with the Tax Court of Canada pursuant to section 103 of the Act, the decision of the Tax Court becomes final,

    • (iii) where an application is made to the Federal Court of Appeal pursuant to section 28 of the Federal Courts Act to review and set aside the decision of the Tax Court of Canada, the decision of the Federal Court of Appeal becomes final, or

    • (iv) if an application is made to the Supreme Court of Canada for leave to appeal from the decision of the Federal Court of Appeal, the final decision of the Supreme Court of Canada is given.

• (2) Subsection (1) does not apply if the claimant qualifies to receive benefits under the Act on the basis of hours of insurable employment other than the hours that are the subject of the application.

Social Insurance Numbers

• 89 (1) Every person employed in insurable employment who is required by section 138 of the Act to have a Social Insurance Number and who has not yet applied to be registered in the register maintained by the Commission under subsection 28.1(2) of the Department of Employment and Social Development Act shall, within three days after the day on which the employment begins, apply to the Commission to be registered.

• (2) An employer who hires a person in insurable employment shall ask the employee, within three days after the day on which the employment begins, to inform the employer of their Social Insurance Number.

• (3) Every person who becomes employed in insurable employment shall, within three days after the day on which the employment begins, inform their employer of their Social Insurance Number.

• (4) However, a person who becomes employed in insurable employment before being registered shall inform their employer of their Social Insurance Number within three days after the day on which they receive it.

• (5) An employer who is unable to ascertain the Social Insurance Number of a person who becomes employed in insurable employment shall, within six days after the day on which the employment begins, report the matter to the local office of the Commission and provide it with the information necessary to identify the person.

• (6) In the case of a person who is employed in insurable employment, when the period of their Social Insurance Number validity has been extended, a new period of validity has been assigned to their number, or a new Social Insurance Number has been assigned to them, that person shall inform their employer of that change within three days after the day on which they are informed of that change.