Employment Insurance Regulations (SOR/96-332)

Persons with Mental Disabilities, Incapacitated Persons and Deceased Persons

• 27 (1) If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission on behalf of a person with mental disabilities or an incapacitated person, the Commission shall authorize payment of the benefits to any person acting on behalf of the person if the person on whose behalf the claim is made meets the requirements of Part I, VII.1 or VIII of the Act.

• (2) If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission by the legal representative of a deceased person, the Commission shall authorize payment of the benefits to the legal representative if the deceased person, at the time of death, met the requirements of Part I, VII.1 or VIII of the Act.

• (3) For the purposes of subsection (2), "legal representative" means the executor or administrator of the estate of the deceased person.

• (4) Notwithstanding subsection (2), any person entitled to succeed to the property of a deceased person may make a claim for benefits, in accordance with subsections (5) and (6), which benefits are payable to the person where the total value of the estate of the deceased person is not sufficient to warrant obtaining

  • (a) in the case of an intestate succession, letters of administration; or

  • (b) in the case of a testate succession, probate of the will of the deceased person.

• (5) The claim for benefits referred to in subsection (4) shall be made on a form supplied by the Commission and shall include

  • (a) a statutory declaration, signed by the applicant, stating that the applicant is a person entitled to succeed to the property of the deceased person; and

  • (b) an undertaking signed by the applicant to repay to the Receiver General any moneys paid in error to the applicant.

• (6) When making a claim for benefits referred to in subsection (4), the applicant shall also submit

  • (a) a copy of the will of the deceased person, if one exists; and

  • (b) a release of all claims in respect of the amount payable, signed by all persons other than the applicant, if any, who are entitled to succeed to the property of the deceased person.

Payments in Advance

28 The Commission may pay benefits for a week of unemployment to a claimant in advance of the customary time for paying benefits where

• (a) that unemployment arises from the occurrence of a fire, flood, hurricane, epidemic or other natural disaster or act of God at the factory, workshop or other premises or in the area where the claimant is employed;

• (b) that week of unemployment is

  • (i) the week in which Christmas Day falls or the week that precedes the week in which Christmas Day falls, or

  • (ii) a week during which the claimant is attending a course or program, referred to in paragraph 25(1)(a) of the Act, that is an apprenticeship course or apprenticeship program; or

• (c) there is, or is anticipated to be, a disruption of electrical service, electronic processes or telecommunications that will prevent the processing of claims for benefits in the normal manner and in a timely fashion.

Employed Person Working a Full Working Week — Special Cases

• 29 (1) A claimant is considered to have worked a full working week during each week in the two-week period reported on in the declaration filed when making a claim for benefits where the claimant

  • (a) is a railway employee;

  • (b) is remunerated on a mileage basis; and

  • (c) is remunerated in that two-week period at not less than twice the maximum weekly insurable earnings.

• (2) Notwithstanding section 31, a claimant who is employed in farming or horticulture is considered to have worked a full working week during any week in which the claimant works

  • (a) not less than five days; and

  • (b) not less than 35 hours in total.

• (3) Where, in any week, a claimant does not work on a holiday or, by reason of a holiday, does not work on the working day that immediately precedes or immediately follows that holiday, the claimant shall be regarded as having worked a full working week if, on each of the remaining working days in that week, the claimant works a number of hours at least equal to the number that the claimant would normally work.

• (4) Where an insured person is employed under a contract of employment under which the usual remuneration is payable in respect of a period greater than a week, regardless of the amount of work performed in the period, each week that falls wholly in that period is a full working week for the person.

Self-employed Person Working a Full Working Week

• 30 (1) Subject to subsections (2) and (4), where during any week a claimant is self-employed or engaged in the operation of a business on the claimant's own account or in a partnership or co-adventure, or is employed in any other employment in which the claimant controls their working hours, the claimant is considered to have worked a full working week during that week.

• (2) Where a claimant is employed or engaged in the operation of a business as described in subsection (1) to such a minor extent that a person would not normally rely on that employment or engagement as a principal means of livelihood, the claimant is, in respect of that employment or engagement, not regarded as working a full working week.

• (3) The circumstances to be considered in determining whether the claimant's employment or engagement in the operation of a business is of the minor extent described in subsection (2) are

  • (a) the time spent;

  • (b) the nature and amount of the capital and resources invested;

  • (c) the financial success or failure of the employment or business;

  • (d) the continuity of the employment or business;

  • (e) the nature of the employment or business; and

  • (f) the claimant's intention and willingness to seek and immediately accept alternate employment.

• (4) Where a claimant is employed in farming and subsection (2) does not apply to that employment, the claimant shall not be considered to have worked a full working week at any time during the period that begins with the week in which October 1st falls and ends with the week in which the following March 31 falls, if the claimant proves that during that period

  • (a) the claimant did not work; or

  • (b) the claimant was employed to such a minor extent that it would not have prevented the claimant from accepting full-time employment.

• (5) For the purposes of this section, self-employed person means an individual who

  • (a) is or was engaged in a business; or

  • (b) is employed but does not have insurable employment by reason of paragraph 5(2)(b) of the Act.

Week of Unemployment — Self-employed Person

30.1 For the purposes of Part VII.1 of the Act, a week of unemployment for a self-employed person is, despite section 30, a week in which the person reduces the time devoted to their business activities by more than 40% of the normal level.

30.2 For the purposes of subsection 152.03(4) of the Act, a self-employed person is deemed to be not working if they are not engaged in

• (a) the normal activities of their business; and

• (b) the normal activities for the continuation of their business.

Employed Persons Working a Full Working Week

• 31 (1) A full working week of a claimant, other than a claimant referred to in section 29 or 30, is the number of hours, days or shifts normally worked in a calendar week by persons in the claimant's grade, class or shift at the factory, workshop or other premises at which the claimant is or was employed.

• (2) When the number of hours, days or shifts referred to in subsection (1) is the number that is normally worked by persons in part-time employment and is less than the number of hours, days or shifts normally worked in a calendar week by persons employed in full-time employment in the employment that is closest in nature to the claimant's employment, the claimant is considered to have worked a full working week when the claimant has worked the number of hours, days or shifts that are normally worked by a person in full-time employment.

• (3) The full working week of a claimant, other than a claimant referred to in section 29 or 30, who is remunerated on a piece, mileage or other unit rate is the number of days normally worked in a calendar week by persons in the claimant's grade, class or shift at the factory, workshop or other premises at which the claimant is or was employed.

Working Day

32 For the purposes of sections 18 and 152.19 of the Act, a working day is any day of the week except Saturday and Sunday.

Additional Conditions and Terms in Relation to Teachers

• 33 (1) The definitions in this subsection apply in this section.

  non-teaching period

  non-teaching period means the period that occurs annually at regular or irregular intervals during which no work is performed by a significant number of people employed in teaching. (période de congé)

  teaching

  teaching means the occupation of teaching in a pre-elementary, an elementary or a secondary school, including a technical or vocational school. (enseignement)

• (2) A claimant who was employed in teaching for any part of the claimant’s qualifying period is not entitled to receive benefits, other than those payable under section 22, 23, 23.1, 23.2 or 23.3 of the Act, for any week of unemployment that falls in any non-teaching period of the claimant unless

  • (a) the claimant's contract of employment for teaching has terminated;

  • (b) the claimant's employment in teaching was on a casual or substitute basis; or

  • (c) the claimant qualifies to receive benefits in respect of employment in an occupation other than teaching.

• (3) Where a claimant who was employed in teaching for any part of the claimant's qualifying period qualifies to receive benefits in respect of employment in an occupation other than teaching, the amount of benefits payable for a week of unemployment that falls within any non-teaching period of the claimant shall be limited to the amount that is payable in respect of the employment in that other occupation.

Family Supplement — Rate Increase

• 34 (1) For the purposes of this section, cohabitating spouse or common-law partner has the same meaning as in section 122.6 of the Income Tax Act.

• (2) For the purposes of this section, a Canada child benefit is deemed to be an overpayment under Subdivision a.1 of Division E of Part I of the Income Tax Act.

• (2.1) [Repealed, SOR/99-290, s. 1]

• (3) If a claimant establishes, in the manner directed by the Commission under section 16 or 152.17 of the Act, that the claimant or the claimant’s cohabiting spouse or common-law partner is in receipt of a Canada child benefit for the month preceding the Sunday of the week in respect of which the claimant makes a claim for benefits, the claimant’s rate of weekly benefits for that week shall be increased by the amount of a family supplement determined in accordance with this section.

• (4) The claimant’s rate of weekly benefits for a week shall not be increased under this section if benefits are also payable to the claimant’s cohabiting spouse or common law partner for that week at a rate increased under this section.

• (5) The family supplement is the amount determined in accordance with the following table, taking into account the family income and the number and ages of the children for which the claimant or the claimant’s cohabiting spouse or common-law partner receives a Canada child benefit:

  Family Income Range
  Number of Children	<$20,921	$20,921 to $21,250	$21,251 to $21,500	$21,501 to $21,750	$21,751 to $22,000	$22,001 to $22,250	$22,251 to $22,500	$22,501 to $22,750	$22,751 to $23,000	$23,001 to $23,250	$23,251 to $23,500	$23,501 to $23,750	$23,751 to $24,000	$24,001 to $24,250	$24,251 to $24,500	$24,501 to $24,750	$24,751 to $25,000	$25,001 to $25,250	$25,251 to $25,500	$25,501 to $25,750	$25,751 to $25,921
  1	$ 31.30	$ 31.25	$ 28.50	$ 26.45	$ 24.45	$ 22.55	$ 20.70	$ 18.90	$ 17.15	$ 15.45	$ 13.80	$ 12.25	$ 10.70	$ 9.25	$ 7.85	$ 6.55	$ 5.25	$ 4.00	$ 2.85	$ 1.75	$ 0.70
  2	$ 58.70	$ 58.60	$ 53.60	$ 49.90	$ 46.25	$ 42.70	$ 39.30	$ 35.95	$ 32.70	$ 29.55	$ 26.50	$ 23.55	$ 20.70	$ 17.95	$ 15.30	$ 12.75	$ 10.25	$  7.90	$ 5.65	$ 3.45	$ 1.40
  3	$ 86.10	$ 86.00	$ 78.80	$ 73.45	$ 68.20	$ 63.15	$ 58.15	$ 53.30	$ 48.60	$ 44.00	$ 39.55	$ 35.25	$ 31.05	$ 26.95	$ 23.05	$ 19.20	$ 15.55	$ 12.00	$ 8.55	$ 5.25	$ 2.10
  Top-up for each additional child	$ 27.45	$ 27.40	$ 25.60	$ 24.25	$ 22.85	$ 21.50	$ 20.15	$ 18.75	$ 17.40	$ 16.00	$ 14.65	$ 13.30	$ 11.90	$ 10.55	$ 9.15	$ 7.80	$ 6.45	$ 5.05	$ 3.70	$ 2.30	$ 0.95
  Age supplement for each child under 7 years old	$ 4.15	$ 4.10	$ 3.85	$  3.65	$ 3.45	$  3.25	$ 3.05	$ 2.80	$ 2.60	$  2.40	$ 2.20	$ 2.00	$ 1.80	$ 1.60	$ 1.40	$ 1.20	$ 1.00	$ 0.75	$ 0.55	$ 0.35	$ 0.15

• (6) The amount of the family supplement shall not exceed the following percentage of the claimant’s weekly insurable earnings:

  • (a) for benefit periods established in 1997, 10%;

  • (b) for benefit periods established in 1998, 15%;

  • (c) for benefit periods established in 1999, 20%; and

  • (d) for benefit periods established in 2000 or later, 25%.

• (7) Where the application of subsection (5) in respect of benefit periods established before August 1, 1999 results in a reduction of the amount of the family supplement payable to the claimant for a week of unemployment falling on or after August 1, 1999, the amount of the family supplement so calculated will be increased for each child for whom the claimant is entitled to receive a Canada child benefit by an additional amount determined in accordance with the following table, taking into account the family income and the number and ages of the children, for the duration of the benefit period:

  Family Income Range
  Age of Children	<$20,921	$20,921 to $21,250	$21,251 to $21,500	$21,501 to $21,750	$21,751 to $22,000	$22,001 to $22,250	$22,251 to $22,500	$22,501 to $22,750	$22,751 to $23,000	$23,001 to $23,250	$23,251 to $23,500	$23,501 to $23,750	$23,751 to $24,000	$24,001 to $24,250	$24,251 to $24,500	$24,501 to $24,750	$24,751 to $25,000	$25,001 to $25,250	$25,251 to $25,500	$25,501 to $25,750	$25,751 to $25,921
  12 to 15 years old	$ 2.25	$ 2.20	$ 2.05	$ 1.95	$ 1.85	$ 1.70	$ 1.60	$ 1.50	$ 1.40	$ 1.30	$ 1.20	$ 1.05	$ 0.95	$ 0.85	$ 0.75	$ 0.65	$ 0.55	$ 0.40	$ 0.30	$ 0.20	$ 0.10
  16 and 17 years	$ 3.60	$ 3.55	$ 3.30	$ 3.15	$ 3.00	$ 2.80	$ 2.65	$ 2.45	$ 2.30	$ 2.10	$ 1.90	$ 1.75	$ 1.55	$ 1.40	$ 1.20	$ 1.05	$ 0.85	$ 0.65	$ 0.50	$ 0.30	$ 0.15