Regulations amending the Employment Insurance Regulations and the Employment Insurance (Fishing) Regulations

Simplifying job search responsibilities for Employment Insurance claimants

Employment Insurance Regulations

  1. (1) Section 9.002 of the Employment Insurance Regulations Footnote 1 is amended by adding “and” at the end of paragraph (b) and by repealing paragraphs (d) to (f).

    (2) Section 9.002 of the Regulations is renumbered as 9.002(1) and is amended by adding the following:

    (2) However, employment is not suitable employment for the purposes of paragraphs 18(1)(a) and 27(1)(a) to(c) and subsection 50(8) of the Act if

    • (a) it is in the claimant’s usual occupation either at a lower rate of earnings or on conditions less favourable than those observed by agreement between employers and employees, or in the absence of such agreement, than those recognized by good employers; or
    • (b) it is not in the claimant’s usual occupation and it is either at a lower rate of earnings or on conditions less favourable than those that the claimant might reasonably expect to obtain, having regard to the conditions that the claimant usually obtained in the claimant’s usual occupation, or would have obtained if the claimant had continued to be so employed.

    (3) After a lapse of a reasonable interval from the date on which an insured person becomes unemployed, paragraph (2)(b) does not apply to the employment described in that paragraph if it is employment at a rate of earnings not lower and on conditions not less favourable than those observed by agreement between employers and employees or, in the absence of any such agreement, than those recognized by good employers.

  2. Sections 9.003 and 9.004 of the Regulations are repealed.

Coming into force

  1. (1) Sections 1 and 2 come into force on July 3, 2016.

Repeal of new entrant / re-entrant provisions

Employment Insurance Regulations

  1. Section 12 of the Employment Insurance Regulations Footnote 1 and the heading before it are repealed.
  2. Subsection 25(1) of the Regulations is replaced by the following:

    25 (1) For the purpose of section 145 of the Act, a claimant is considered to have been paid a week of benefits when the total of the percentages of benefits paid for one or more weeks of unemployment equals 100.

  3. Section 76.1 of the Regulations and the heading before it are repealed.
  4. Section 76.11 of the Regulations is replaced by the following:

    76.11 The definition insured participant in section 58 of the Act is adapted to include an insured person who requests assistance under employment benefits and, when requesting the assistance, is an unemployed person who has a benefit period established under a provincial plan or has had that benefit period end within the previous 60 months and who would have been entitled to receive special benefits under section 22 or 23 of the Act had they not been entitled to provincial benefits.

  5. Section 76.12 of the Regulations and the heading before it are repealed.
  6. Section 76.18 of the Regulations is replaced by the following:

    76.18 If a week of provincial benefits has been taken into account for the purpose of any of sections 76.11 to 76.14 or 76.19, a week of benefits paid under section 22 or 23 of the Act shall not be taken into account for that same purpose.

  7. Section 77.5 of the Regulations and the heading before it are repealed.
  8. Section 77.9 of the Regulations and the heading before it are repealed.
  9. Paragraph 93(5)(a) of the Regulations is replaced by the following:

    (a) the claimant has accumulated, since the beginning of their benefit period, a number of hours of insurable employment that, when added to the number of those hours in their qualifying period, equal or exceed the number of hours set out in the table to subsection 7(2) of the Act in relation to the regional rate of unemployment that was applicable to the claimant at the beginning of their benefit period; and

  10. Schedule I to the Regulations is amended by replacing the references after the heading “SCHEDULE I” with the following:

    (Paragraphs 17(1)(a) and (b), subsections 17.1(1) and 18(1), paragraph 77.2(2)(b), subsections 77.7(2) and 77.8(2), paragraph 77.92(2)(a) and subsections 77.93(2), 77.94(2), 77.95(2) and 7.97(2))

  11. Schedule II.5 to the Regulations is repealed.
  12. Schedule II.9 to the Regulations is repealed.

Employment Insurance (Fishing) Regulations

  1. (1) Subsections 8(2) to (3.1) of the Employment Insurance (Fishing) Regulations Footnote 2 are replaced by the following:

    (2) In order to have a benefit period referred to in subsection (1) established in respect of a fisher, the fisher shall prove that they

    • (a) are not qualified under section 7 of the Act to receive benefits; and
    • (b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside.

    (2) The portion of subsection 8(4) of the Regulations before paragraph (a) is replaced by the following:

    (4) The qualifying period referred to in paragraph (2)(b)

    (3) Subsections 8(7) to (8.1) of the Regulations are replaced by the following:

    (7) In order to have a benefit period referred to in subsection (6) established in respect of a fisher, the fisher shall prove that they

    • (a) are not qualified under section 7 of the Act to receive benefits; and
    • (b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside.

    (4) The portion of subsection 8(9) of the Regulations before paragraph (a) is replaced by the following:

    (9) The qualifying period referred to in paragraph (7)(b)

    (5) Subsection 8(15) of the Regulations is replaced by the following:

    (15) Section 6, subsections 7(1) and (2), sections 8, 9 and 11 and subsections 12(2) and 14(1.1) of the Act do not apply to persons who are claimants under these Regulations.

  2. (1) The portion of subsection 11(1) of the Regulations before the table is replaced by the following:

    11 (1) Despite subsections 7.1(1) to (2.1), (6) and (7) of the Act, the amount of insurable earnings that an insured person requires under section 8 of these Regulations to qualify for benefits is increased to the amount set out in the applicable column of the table to this subsection if the insured person accumulates one or more violations in the 260 weeks before making an initial claim for benefits.

    (2) Subsection 11(2) of the Regulations is repealed.

    (3) Subsection 11(3) of the Regulations is replaced by the following:

    (3) A violation shall not be taken into account under subsection (1) in more than two initial claims for benefits under these Regulations or Part I or VII.1 of the Act if the claimant qualified for benefits with the increased amount of insurable earnings in respect of each of those claims.

  3. Paragraph 12(5)(a) of the Regulations is replaced by the following:

    (a) the claimant has accumulated, since the beginning of the benefit period, insurable earnings from employment as a fisher that, when added to the insurable earnings from employment as a fisher in the claimant’s qualifying period, are equal to or exceed the applicable amount of insurable earnings in employment as a fisher set out in the schedule, determined by reference to the week in which the benefit period began; and

  4. Subsection 13(2) of the Regulations is repealed.
  5. The heading “New Entrant or Re-Entrant” before section 14.1 and sections 14.1 and 14.2 of the Regulations are repealed.
  6. Section 14.5 of the Regulations is replaced by the following:

    14.5 If a week of provincial benefits has been taken into account for the purpose of any of sections 76.11 to 76.13 or 76.19 of the Employment Insurance Regulations, a week of benefits paid under section 22 or 23 of the Act shall not be taken into account for that same purpose.

  7. The schedule to the Regulations is amended by replacing the references after the heading “SCHEDULE” with the following:

    (Paragraphs 8(2)(b) and (7)(b) and 12(5)(a))

Coming into Force

  1. These Regulations come into force on the day on which section 209 of the Budget Implementation Act, 2016, No. 1, chapter 7 of the Statutes of Canada, 2016, comes into force, but if they are registered after that day, they come into force on the Sunday after the day on which they are registered.
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