Amendments to the Digest of Benefit Entitlement Principles

December 2019
Background	Section	Previous policy
Tables amended for conversion of lump-sum pension benefit (for allocation of earnings for benefit purposes).	Digest of Benefit Entitlement Principles Chapter 5 – Earnings – section 5.13.6.4	Archived – Digest of Benefit Entitlement Principles Chapter 5 – Earnings – section 5.13.6.4 – Allocation of a lump-sum pension benefit

September 2019
Background	Section	Previous policy
Following a decision rendered by the Federal Court of Appeals (FCA A-423-11), amendments to the Digest have been made to clarify the calculation and allocation of self-employment earnings. Additionally, language has been updated for ease of understanding.	Chapter 5.16.5.1 Chapter 5.16.5.2 Chapter 5.16.6 Chapter 5.16.7 Chapter 5.16.8.1	Archived – Digest of Benefit Entitlement Principles Chapter 5 – Earnings – section 5.16.5.1 – Operating expenses Archived – Digest of Benefit Entitlement Principles Chapter 5 – Earnings – section 5.16.5.2 – Capital expenditures Archived – Digest of Benefit Entitlement Principles Chapter 5 – Earnings – section 5.16.6 – Allocation of self-employment earnings Archived – Digest of Benefit Entitlement Principles Chapter 5 – Earnings – section 5.16.7 – Performance of service(s) Archived – Digest of Benefit Entitlement Principles Chapter 5 – Earnings – section 5.16.7.1 – Allocation of earnings arising from the performance of service(s)
The chapter has been revised to ensure current entitlement principles, based on more recent jurisprudence. Clarification and modifications have been made in certain sections to address issues raised in relation suitable employment. These changes should result in a better understanding of the subject and facilitate the adjudication of EI claims, in general.	Digest of Benefit Entitlement Principles Chapter 9 – Refusal of employment	Archived – Digest of Benefit Entitlement Principles Chapter 9 – Refusal of employment – section 9.1- Authority Archived – Digest of Benefit Entitlement Principles Chapter 9 – Refusal of employment – section 9.2 – Refusal defined Archived - Digest of Benefit Entitlement Principles Chapter 9 – Refusal of employment – section 9.3 – Notification of offer or refusal Archived – Digest of Entitlement Principles Chapter 9 – Refusal of employment – section 9.4 – Suitable employment Archived – Digest of Entitlement Principles Chapter 9 – Refusal of employment – section 9.5 – Good cause Archived – Digest of Entitlement Principles Chapter 9 – Refusal of employment – section 9.6 – Other situations Archived – Digest of Entitlement Principles Chapter 9 – Refusal of employment – section 9.7 - Disqualification
The chapter has been revised to ensure current entitlement principles, based on more recent jurisprudence. Clarification and modifications have been made in certain sections to address issues raised in relation to job search requirements. References are now accessed from links within the text, rather than being shown at the end of each paragraph. These changes should result in a better understanding of the subject and facilitate the adjudication of EI claims, in general.	Digest of Benefit Entitlement Principles Chapter 10 – Availability	Archived – Digest of Benefit Entitlement Principles Chapter 10 - Availability – section 10.1- Authority Archived – Digest of Benefit Entitlement Principles Chapter 10 - Availability – section 10.2 – Proof Archived - Digest of Benefit Entitlement Principles Chapter 10 - Availability – section 10.3 – Credibility Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.4 – Practical application Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.5 – Earnings Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.6 – Type of employment Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.7 – Hours of work Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.8 – Availability for temporary work Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.9 – Daily commuting time Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.10 – Health and physical capabilities Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.11 – Absence from home Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.12 – Course of instruction/employment measures Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.13 – Reasonable and customary efforts to obtain suitable employment Archived – Digest of Entitlement Principles Chapter 10 - Availability – section 10.14 – Personal business

April 2019
Background	Section	Previous policy
The chapter has been rewritten in its entirety to ensure current entitlement principles based on more recent jurisprudence. Clarification and modifications have been made in certain sections to address issues raised by the regions and during the appeal process. The chapter has also been restructured for ease of understanding and to facilitate the adjudication of EI claims, in general.	Digest of Benefit Entitlement Principles Chapter 8 – Labour Disputes	Archived – Digest of Benefit Entitlement Principles Chapter 8 – Labour Disputes – section 8.1- Authority Archived – Digest of Benefit Entitlement Principles Chapter 8 – Labour Disputes – section 8.2 – Labour Dispute Archived - Digest of Benefit Entitlement Principles Chapter 8 – Labour Disputes – section 8.3 – Place of employment Archived – Digest of Entitlement Principles Chapter 8 – Labour Disputes – section 8.4 – Stoppage of work Archived – Digest of Entitlement Principles Chapter 8 – Labour Disputes – section 8.5 – Loss of employment, unable to resume an employment Archived – Digest of Entitlement Principles Chapter 8 – Labour Disputes – section 8.6 – Participation Archived – Digest of Entitlement Principles Chapter 8 – Labour Disputes – section 8.7 – Financing Archived – Digest of Entitlement Principles Chapter 8 – Labour Disputes – section 8.8 – Direct interest Archived – Digest of Entitlement Principles Chapter 8 – Labour Disputes – section 8.9 – Disentitlement for a number of days in a week Archived – Digest of Entitlement Principles Chapter 8 – Labour Disputes – section 8.10 – Suspension of the disentitlement Archived – Digest of Entitlement Principles Chapter 8 – Labour Disputes – section 8.11 – Termination of the stoppage of work Archived – Digest of Entitlement Principles Chapter 8 – Labour Disputes – section 8.12 – Other employment during the stoppage of work Archived – Digest of Entitlement Principles Chapter 8 – Labour Disputes – section 8.13 – Termination of employment during a work stoppage

March 2019
Background	Section	Previous policy
Sections of the Digest have been revised and updated in order to reflect the legislative changes to the number of weeks of parental benefits that may be paid. These changes came into effect March 17, 2019.	Chapter 1 – section 1.1.5 Chapter 13 – section 13.1 Chapter 24 – section 15	Archived – Digest of Benefit Entitlement Principles Chapter 1- Basic Concepts – section 1.1.5 Archived – Digest of Benefit Entitlement Principles Chapter 13 – Parental Benefits – section 13.1.0 Archived - Digest of Benefit Entitlement Principles Chapter 24 – Benefits for the self-employed – section 24.15

February 2019
Background	Section	Previous policy
The chapter has been rewritten in its entirety to ensure current entitlement principles based on more recent jurisprudence. Clarification and modifications have been made in certain sections to address issues raised by the regions and during the appeal process. The chapter has also been restructured for ease of understanding and to facilitate the adjudication of EI claims, in general.	Digest of Benefit Entitlement Principles Chapter 20 – Write-off	Archived – Digest of Benefit Entitlement Principles Chapter 20 – Write-off – section 20.1- Introduction Archived – Digest of Benefit Entitlement Principles Chapter 20 – Write-off – section 20.2 – Legislative Intent Archived - Digest of Benefit Entitlement Principles Chapter 20 – Write-off – section 20.3 – General Principles Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.4 – Application Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.5 – Determination of the 12-month period Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.6 – Relevant write-off situations Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.7 – More than one reason to write-off Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.8 - Limitations Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.9 – Appraisal of write-off denial
The chapter has been rewritten in its entirety to ensure current entitlement principles based on more recent jurisprudence. Clarification and modifications have been made in certain sections to address issues raised by the regions and during the appeal process. The chapter has also been restructured for ease of understanding and to facilitate the adjudication of EI claims, in general.	Digest of Benefit Entitlement Principles Chapter 20 – Write-off	Archived – Digest of Benefit Entitlement Principles Chapter 20 – Write-off – section 20.1- Introduction Archived – Digest of Benefit Entitlement Principles Chapter 20 – Write-off – section 20.2 – Legislative Intent Archived - Digest of Benefit Entitlement Principles Chapter 20 – Write-off – section 20.3 – General Principles Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.4 – Application Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.5 – Determination of the 12-month period Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.6 – Relevant write-off situations Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.7 – More than one reason to write-off Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.8 - Limitations Archived – Digest of Entitlement Principles Chapter 20 – Write-off – section 20.9 – Appraisal of write-off denial
The chapter has been rewritten in its entirety to ensure current entitlement principles based on more recent jurisprudence. Clarification and modifications have been made in certain sections to address issues raised by the regions and during the appeal process. The chapter has also been restructured for ease of understanding and to facilitate the adjudication of EI claims, in general.	Chapter 2 - Interruption of earnings	Archived – Digest of Benefit Entitlement Principles Chapter 2- Interruption of Earnings – section 2.1- Authority Archived – Digest of Benefit Entitlement Principles Chapter 2 – Interruption of Earnings – section 2.2 – Requirements for an interruption of earnings Archived - Digest of Benefit Entitlement Principles Chapter 2 – Interruption of Earnings – section 2.3 – Exceptions to the interruption of earnings requirements requirements Archived – Digest of Entitlement Principles Chapter 2 – Interruption of Earnings – section 2.4 – No work while under contract

January 2019
Background	Section	Previous policy
The chapter has been rewritten in its entirety to ensure current entitlement principles based on more recent jurisprudence. Clarification and modifications have been made in certain sections to address issues raised by the regions and during the appeal process. The chapter has also been restructured for ease of understanding and to facilitate the adjudication of EI claims, in general.	Chapter 3 - Antedates	Archived – Digest of Benefit Entitlement Principles Chapter 3 - Antedates– section 3.1- What is an antedate Archived – Digest of Benefit Entitlement Principles Chapter 3 – Antedates – section 3.2 – Required conditions for antedate Archived - Digest of Benefit Entitlement Principles Chapter 1 – Antedates – section 3.3 – Reasons for a delay in filing

December 2018
Background	Section	Previous policy
Amendments have been made to include links to Section 6(4) of the Employment Insurance Act regarding the definition of employment which is not suitable. Amendments have also been made to wording which still referred to the categories of claimants, element that was repealed from the EI Regulation in 2016.	Chapter 10.1.2 Chapter 10.4.2 Chapter 10.6.2 Chapter 10.7.3 Chapter 10.9.4 Chapter 10.10.1	10.1.2 Availability defined 10.4.2 Warning to claimant 10.6.2 Expiry of reasonable period 10.7.3 Application 10.9.4 Exceptions 10.10.1 Authority
Tables amended for conversion of lump-sum pension benefit (for allocation of earnings for benefit purposes).	Chapter 5.13.6.4	Archived – "Lump-sum pension benefit paid or payable" tables for the period: December 27, 2015 to December 31, 2016 (week code 2010 to 2062)

October 2018
Background	Section	Previous policy
The chapter has been rewritten in its entirety to ensure current entitlement principles based on more recent jurisprudence. Clarification and modifications have been made in certain sections to address issues raised by the regions and during the appeal process. The chapter has also been restructured for ease of understanding and to facilitate the adjudication of EI claims, in general.	Introduction to the Digest Digest of Benefit Entitlement Principles Chapter 1 - Basic concepts	Archived - Introduction Archived – Digest of Benefit Entitlement Principles Chapter 1- Basic Concepts – section 1.1- Authority Archived – Digest of Benefit Entitlement Principles Chapter 1 – Basic Concepts – section 1.2 – Establishing a benefit period Archived - Digest of Benefit Entitlement Principles Chapter 1 – Basic Concepts – section 1.3 – Extension of qualifying period Archived – Digest of Benefit Entitlement Principles Chapter 1- Basic Concepts – section 1.4 – Benefit Period Structure Archived – Digest of Benefit Entitlement Principles Chapter 1- Basic Concepts – section 1.5 – Extension of the Benefit Period Archived – Digest of Benefit Entitlement Principles Chapter 1- Basic Concepts – section 1.6 - Disqualification Archived – Digest of Benefit Entitlement Principles Chapter 1- Basic Concepts – section 1.7 – Disentitlement Archived – Digest of Benefit Entitlement Principles Chapter 1- Basic Concepts – section 1.8 – Waiting Period Archived – Digest of Benefit Entitlement Principles Chapter 1- Basic Concepts – section 1.9 – Payment of Benefits

May 2018
Background	Section	Previous policy
The section has been revised and updated. As a result of Federal Court decisions, the Commission has revised its policy with respect to the allocation of wages paid in lieu of notice, following a temporary layoff that became permanent.	Section 5.12.5	Archived - Chapter 5 - Section 5.12.5

March 2018
Background	Section	Previous policy
The purpose of these changes is as a result of a decision rendered by the Federal Court of Appeal (A-1-09 Canada vs Tamber), The Commission has revised its policy with respect to imposition of penalties when EI payments are received by way of direct deposit.	Section 18.3.1.2 Section 18.4.4.5 Section 18.4.4.6 Section 18.5.8	Archived – Digest of Benefit Entitlement Principles Chapter 18- Policy on penalties – section Completed action 18.3.1.2 Archived – Digest of Benefit Entitlement Principles Chapter 18 - Policy on penalties- Section Exception reporting (no cards) 18.4.4.5 Archived - Digest of Benefit Entitlement Principles Chapter 18 - Policy on penalties – Section Misleading 18.4.4.6 Archived – Digest of Benefit Entitlement Principles Chapter 18- Policy on penalties – section Claimant reports and payments 18.5.8

December 2016
Background	Section	Previous policy
Amendments have been made to the French text of sections 18.3.1.3 and 18.3.1.4 to show that misrepresentation can take many forms, such as false statements and misleading statements.	Chapter 18 – Policy on penalties Section 18.3.1.3 Section 18.3.1.4	Archived – Digest of Benefit Entitlement Principles Chapter 18 - Policy on penalties- Section False 18.3.1.3 Archived - Digest of Benefit Entitlement Principles Chapter 18 - Policy on penalties – Section Misleading 18.3.1.4
Sections of the Digest have been revised and updated in order to reflect the reduction of the waiting period from 2 weeks to one week effective January 1, 2017.	Chapter 1 - Section 1.5.3 Chapter 1 – Section 1.7.2 Chapter 1 – Section 1.8 Chapter 5 – Section 5.7.2.2 Chapter 11 – Section 11.5.3 Chapter 12 – Section 12.2.6 Chapter 18 – Section 18.4.4.6 Chapter 18 – Section 18.5.8 Chapter 19 – Section 19.2.12 Chapter 22 – Section 22.2.13 Chapter 23 – Section 23.2.12 Chapter 24 – Section 24.16.6 Chapter 24- Section 24.17.6 Chapter 24 – Section 24.20.2.1	Archived - Chapter 1 - Section 1.5.3 Archived - Chapter 1 – Section 1.7.2 Archived - Chapter 1 – Section 1.8 Archived - Chapter 5 – Section 5.7.2.2 Archived - Chapter 11 – Section 11.5.3 Archived - Chapter 12 – Section 12.2.6 Archived - Chapter 18 – Section 18.4.4.6 Archived - Chapter 18 – Section 18.5.8 Archived - Chapter 19 – Section 19.2.12 Archived - Chapter 22 – Section 22.2.13 Archived - Chapter 23 – Section 23.2.12 Archived - Chapter 24 – Section 24.16.6 Archived - Chapter 24- Section 24.17.6 Archived - Chapter 24 – Section 24.20.2.1

October 2016
Background	Section	Previous policy
The chapter has been revised and updated. A section has been added in order to provide additional clarity on the issue.	Section 5.11.5	Archived - Chapter 5 - Earnings - Section 5.11.5
The Sections 2.3.2, 4.3.5 & 5.7.2.5 have been revised and updated in order to provide additional clarity on the issue of Lay Days or periods of leave.	Chapter 2 - Section 2.3.2 Chapter 4 – Section 4.3.5 Chapter 5 – Section 5.7.2.5	Archived - Chapter 2 – Interruption of earnings - 2.3.2 Lay days or periods of leave Archived - Chapter 4 – Week of unemployment – 4.3.5 Lay days or periods of leave Archived - Chapter 5 – Earnings – 5.7.2.5 Lay day or lieu leave

July 2016
Background	Section	Previous policy
The chapter has been revised and updated. Sections have been added in order to provide additional clarity on some issues	Chapter 7 Section 7.1.0 - Misconduct Chapter 7 Section 7.2.0 - Misconduct Chapter 7 Section 7.3.0 - Misconduct Chapter 7 Section 7.4.0 - Misconduct	Archived Chapter 7 - Misconduct - Section 7.1.0 Archived Chapter 7 - Misconduct - Section 7.2.0 Archived Chapter 7 - Misconduct - Section 7.3.0 Archived Chapter 7 - Misconduct - Section 7.4.0 Archived Chapter 7 - Misconduct - Appendix 1 Archived Chapter 7 A.1 Archived Chapter 7 A.2 Archived Chapter 7 A.3 Archived Chapter 7 A.4 Archived Chapter 7 A.5
Amendments have been made to introduce the new provisions included in Bill C-15, related to the elimination of the new entrant/re-entrant (NERE) provisions in the Employment Insurance (EI) Act, taking effect on July 3, 2016.	Section 15.2.0 Section 15.2.1 Section 15.7.1 Section 15.11.0	Archived Chapter 15- Fishing benefits - Section 15.2.0 Qualification based on earnings Archived Chapter 15- Fishing benefits - Section 15.2.1 Violations and fishing claims Archived Chapter 15- Fishing benefits - Section 15.7.1 Provisions regarding payment of special benefits Archived Chapter 15- Fishing Benefits - Section 15.11.0 Fishing insured earnings ona regular non-fishing claim
Tables amended for conversion of lump-sum pension benefit (for allocation of earnings for benefit purposes).	Chapter 5.13.6.4	Amended – “Lump-sum pension benefit paid or payable” tables for the periods: June 7, 2015 to December 26, 2015 (week code 1981 to 2009) and prior to June 7, 2015 (week code 1981).
Amendments have been made to clarify the updates announced during the 2016 budget. The EI Regulations (EIR 9.001 to 9.004) were amended in regards to claimant responsibilities by defining suitable employment effective July 3, 2016.	Chapter 9 - Section 9.1.0 - Authority Chapter 9 - Section 9.2.0 - Refusal defined Chapter 9 - Section 9.3.0 - Notification of offer or refusal Chapter 9 - Section 9.4.0 - Suitable employment Chapter 9 - Section 9.5.0 - Good cause Chapter 9 - Section 9.6.0 - Other situations Chapter 9 - Section 9.7.0 - Disqualification	Archived Chapter 9- Section 9.1 Archived Chapter 9- Section 9.2 Archived Chapter 9- Section 9.3 Archived Chapter 9- Section 9.4 Archived Chapter 9- Section 9.5 Archived Chapter 9- Section 9.6 Archived Chapter 9- Section 9.7
Amendments have been made to clarify the updates announced during the 2016 budget. The EI Regulations (EIR 9.001 to 9.004) were amended in regards to claimant responsibilities by defining and suitable employment effective July 3, 2016	Chapter 10 - Section 10.1.0 - Authority Chapter 10 - Section 10.2.0 - Proof Chapter 10 - Section 10.3.0 - Credibility Chapter 10 - Section 10.4.0 - Practical application Chapter 10 - Section 10.5.0 - Earnings Chapter 10 - Section 10.6.0 - Type of employment Chapter 10 - Section 10.7.0 - Hours of work; family obligations and religious beliefs Chapter 10 - Section 10.8.0 - Availability for temporary work Chapter 10 - Section 10.9.0 - Daily commuting time Chapter 10 - Section 10.10.0 - Health and physical capabilities Chapter 10 - Section 10.11.0 - Absence from home Chapter 10 - Section 10.12.0 - Courses of instruction/employment measures Chapter 10 - Section 10.13.0 - Reasonable and customary efforts to obtain suitable employment Chapter 10 - Section 10.14.0 - Personal business	Archived - Chapter 10 - Section 10.1.0 Archived - Chapter 10 - Section 10.2.0 Archived - Chapter 10 - Section 10.3.0 Archived - Chapter 10 - Section 10.4.0 Archived - Chapter 10 - Section 10.5.0 Archived - Chapter 10 - Section 10.6.0 Archived - Chapter 10 - Section 10.7.0 Archived - Chapter 10 - Section 10.8.0 Archived - Chapter 10 - Section 10.9.0 Archived - Chapter 10 - Section 10.10.0 Archived - Chapter 10 - Section 10.11.0 Archived - Chapter 10 - Section 10.12.0 Archived - Chapter 10 - Section 10.13.0 Archived - Chapter 10 - Section 10.14.0 Archived - Chapter 10 - Section 10.15.0