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Employment Insurance Act (S.C. 1996, c. 23)

Act current to 2024-05-28 and last amended on 2023-06-22. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2000, c. 12, ss. 107(1) and (1.1), as amended by 2017, c. 20, s. 257(2)

      • 107 (1) Subsection 23(1) of the Act is replaced by the following:

        • Parental benefits
          • 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for

            • (a) one or more new-born children of the claimant;

            • (b) one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or

            • (c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.1).

      • (1.1) Subsection 23(2) of the Act is replaced by the following:

        • Weeks for which benefits may be paid

          (2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period that begins with the week in which

          • (a) the child or children of the claimant are born,

          • (b) the child or children are actually placed with the claimant for the purpose of adoption, or

          • (c) the claimant first meets the requirements set out in the regulations made under paragraph 54(f.1)

          and ends 52 weeks after that week.

  • — 2000, c. 12, s. 107(3), as amended by 2015, c. 36, s. 159 and 2018, c. 27, s. 308(2)

      •  (3) Section 23 of the Act is amended by adding the following after subsection (4.11):

        • Interpretation

          (4.2) Subsections 12(3) to (8) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).

  • — 2000, c. 12, s. 109

    • 109 Section 54 of the Act is amended by adding the following after paragraph (f):

      • (f.1) for the purposes of paragraphs 23(1)(c) and (2)(c) and subsection 23(5), respecting the following requirements, subject to consulting the governments of the provinces:

        • (i) the circumstances in which the claimant must be caring for the child or children,

        • (ii) the criteria that the claimant must meet,

        • (iii) the conditions that the claimant must fulfil, and

        • (iv) any matter that the Commission considers necessary for the purpose of carrying out the provisions of section 23;

  • — 2009, c. 33, s. 34

    • 2000, c. 14

      34 On the first day on which both section 10 of the Budget Implementation Act, 2000 has produced its effects and subsection 7(2) of this Act is in force, subsection 23(6) of the Employment Insurance Act, as enacted by that subsection 7(2), is renumbered as subsection (7) and is repositioned accordingly if required.

  • — 2009, c. 33, s. 35, as amended by 2018, c. 27, s. 309(2)

    • 2000, c. 12

      35 On the first day on which both subsection 107(3) of the Modernization of Benefits and Obligations Act and section 16 of this Act are in force, section 152.05 of the Employment Insurance Act is amended by adding the following after subsection (13.01):

      • Interpretation

        (13.1) Subsections 152.14(1) to (8) are to be read as including the situation where a self-employed person is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).

  • — 2009, c. 33, s. 36, as amended by 2017, c. 20, s. 258(2) and 2021, c. 23, s. 338(2)(F)

    • 2000, c. 12

      36 On the first day on which both section 109 of the Modernization of Benefits and Obligations Act and section 16 of this Act are in force:

      • (a) paragraph 54(f.1) of the Employment Insurance Act is replaced by the following:

        • (f.1) for the purposes of paragraphs 23(1)(c) and (2)(c), subsection 23(5) paragraphs 152.05(1)(c) and (2)(c) and subsection 152.05(7), respecting the following requirements, subject to consulting the governments of the provinces:

          • (i) the circumstances in which the claimant must be caring for the child or children,

          • (ii) the criteria that the claimant must meet,

          • (iii) the conditions that the claimant must fulfil, and

          • (iv) any other matter that the Commission considers necessary for the purpose of carrying out sections 23 and 152.05;

      • (b) subsection 152.05(1) of the Employment Insurance Act is replaced by the following:

        • Parental benefits
          • 152.05 (1) Subject to this Part, benefits are payable to a self-employed person to care for

            • (a) one or more new-born children of the person;

            • (b) one or more children placed with the person for the purpose of adoption under the laws governing adoption in the province in which the person resides; or

            • (c) one or more children if the self-employed person meets the requirements set out in the regulations made under paragraph 54(f.1).

      • (c) subsection 152.05(2) of the Employment Insurance Act is replaced by the following:

        • Weeks for which benefits may be paid

          (2) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period

          • (a) that begins with the week in which the child or children of the self-employed person are born and that ends 52 weeks after that week;

          • (b) that begins with the week in which the child or children of the self-employed person are actually placed with the self-employed person for the purpose of adoption and that ends 52 weeks after that week; or

          • (c) that begins with the week in which the self-employed person first meets the requirements set out in the regulations made under paragraph 54(f.1) and ends 52 weeks after that week.

  • — 2023, c. 26, s. 662

    • 662 Section 113 of the Employment Insurance Act is replaced by the following:

      • Appeal to Employment Insurance Board of Appeal

        113 A party who is dissatisfied with a decision of the Commission made under section 112, including a decision in relation to further time to make a request, may appeal the decision to the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act.

  • — 2023, c. 26, s. 663

      • 663 (1) Subsection 114(1) of the Act is replaced by the following:

        • Payment of benefit pending appeal
          • 114 (1) If a claim for benefits is allowed by the General Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act or the Employment Insurance Board of Appeal established under section 43.01 of that Act, benefits are payable in accordance with the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, even though an appeal is pending, and any benefits paid under this section after the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.

      • (2) Subsection 114(1) of the Act is replaced by the following:

        • Payment of benefit pending appeal
          • 114 (1) If a claim for benefits is allowed by the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act, benefits are payable in accordance with the decision of the Employment Insurance Board of Appeal even though an appeal is pending, and any benefits paid under this section after the decision of the Employment Insurance Board of Appeal are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.

      • (3) Paragraph 114(2)(a) of the Act is replaced by the following:

        • (a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the General Division of the Social Security Tribunal or the Employment Insurance Board of Appeal, as the case may be, was given and on the ground that the claimant ought to be disentitled under section 36; and

      • (4) Paragraph 114(2)(a) of the Act is replaced by the following:

        • (a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the Employment Insurance Board of Appeal was given and on the ground that the claimant ought to be disentitled under section 36; and

  • — 2023, c. 26, s. 676

  • — 2023, c. 26, s. 677

    • Employment Insurance Act

      677 Subsections 114(1) and (2) of the Employment Insurance Act, as those subsections read on the day on which section 634 comes into force, continue to apply in relation to a claim for benefits that is allowed by the General Division before the day on which section 635 comes into force.


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