Employment Insurance Regulations (SOR/96-332)

94.1 Where, for the purposes of the Act and in respect of a benefit period established on or after January 5, 1997, a claimant presents evidence of a week of insurable employment that occurred before January 1, 1997, that week of insurable employment shall be considered to represent 35 hours of insurable employment.

94.2 Where, for the purposes of the Act and in respect of a benefit period established on or after January 5, 1997, a claimant presents evidence of insurable employment that occurred before January 1, 1997,

• (a) the weeks of insurable employment shall be considered to fall consecutively backward beginning on whichever of the following days occurred first:

  • (i) the last day of the last pay period in 1996, and

  • (ii) the last day of remunerated insurable employment if that day falls before the last pay period in 1996; and

• (b) if the number of weeks of insurable employment is

  • (i) 20 or less, the insurable earnings are considered to be for that number of weeks, and

  • (ii) greater than 20, the insurable earnings are considered to be for the last 20 weeks in the period of employment.

94.3 For the purpose of providing for the transition from weeks of insurable employment to hours of insurable employment where the remuneration for the last pay period beginning in December 1996 is paid to an insured person by their employer on or after January 1, 1997,

• (a) the employer shall assess the insurability of the employment of that final pay period under these Regulations as they read on January 1, 1997; and

• (b) the claimant shall, for the purposes of sections 7 and 12 of the Act, be determined to have worked in insurable employment for the greater of

  • (i) the number of hours provided for by section 94.1, and

  • (ii) the number of hours actually worked in each week or part of a week of insurable employment, of the final pay period, that falls in 1996.

94.4 Where, after January 5, 1997, section 59.1 of the Unemployment Insurance Regulations, as it read on June 29, 1996, applies and where the application of that section requires the consideration of insured weeks of employment in 1996 or earlier, section 94.1 of these Regulations shall be applied to convert those weeks in 1996 or earlier into hours and the number of weeks stipulated by paragraphs 59.1(2)(a) and (b) of the Unemployment Insurance Regulations shall be converted into an hourly equivalent by multiplying the number of weeks required by 35.

Coming Into Force

• 95 (1) Except as otherwise provided in this Part, these Regulations come into force on June 30, 1996.

• (1.1) Sections 10 to 12 come into force on January 1, 1997.

• (2) Sections 19 to 21 come into force on January 1, 1997.

• (3) Sections 22 to 24 and 34, the Table to subsection 55(7) and paragraph 93(1)(c) come into force on January 5, 1997.

• (4) The provision set out in Part I of Schedule III applies during the period beginning on June 30, 1996 and ending on December 31, 1996.

• (4.1) The provision set out in Part I.1 of Schedule III applies in place of section 12 listed in subsection (1.1) during the period beginning on September 12, 1996 and ending on December 31, 1996.

• (5) The provisions set out in Part II of Schedule III apply in place of the provisions listed in subsections (2) and (3) from June 30, 1996 until the coming into force of those provisions.