Employment Insurance Act
Sections and provisions with full text and the judgments that cite each one.
Section 45 — Return of benefits by claimant
If a claimant receives benefits for a period and, under a labour arbitration award or court judgment, or for any other reason, an employer, a trustee in bankruptcy or any other person subsequently…
Section 46 — Return of benefits by employer or other person
If under a labour arbitration award or court judgment, or for any other reason, an employer, a trustee in bankruptcy or any other person becomes liable to pay earnings, including damages for wrongful…
Section 46.01 — Limitation
No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the…
Section 46.1 — Liability of directors to pay penalties
If a penalty is imposed on a corporation under section 38 or 39 for an act or omission, the directors of the corporation at the time of the act or omission are, subject to subsections (2) to (7),…
Section 47 — Debts to Crown
All amounts payable under section 38, 39, 43, 45, 46 or 46.1 are debts due to Her Majesty and are recoverable in the Federal Court or any other court of competent jurisdiction or in any other manner…
Section 48 — Claim required
No benefit period shall be established for a person unless the person makes an initial claim for benefits in accordance with section 50 and the regulations and proves that the person is qualified to…
Section 49 — Proof required
A person is not entitled to receive benefits for a week of unemployment until the person makes a claim for benefits for that week in accordance with section 50 and the regulations and proves that the…
Section 50 — Entitlement to benefits
A claimant who fails to fulfil or comply with a condition or requirement under this section is not entitled to receive benefits for as long as the condition or requirement is not fulfilled or…
Section 51 — Information
If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment resulted from the claimant’s misconduct or that the…
Section 52 — Reconsideration of claim
Despite section 111, but subject to subsection (5), the Commission may reconsider a claim for benefits within 36 months after the benefits have been paid or would have been payable. If the Commission…
Section 53 — Notification
If the Commission is required to notify a person of a decision under this Part, it may have that person notified in such manner as it considers adequate.
Section 54 — Regulations
The Commission may, with the approval of the Governor in Council, make regulations prescribing the conditions on which the requirement under this Part or Part VII.1 of serving a waiting period may be…
Section 55 — Hours of insurable employment
The Commission may, with the approval of the Governor in Council, make regulations for establishing how many hours of insurable employment a person has, including regulations providing that persons…
Section 56 — Purpose
The purpose of this Part is to help maintain a sustainable employment insurance system through the establishment of employment support measures and the maintenance of a national employment service.
Section 57 — Guidelines
Employment support measures under this Part shall be established in accordance with the following guidelines: harmonization with provincial employment initiatives to ensure that there is no…
Section 58 — Definition of insured participant
In this Part, insured participant means an insured person who requests assistance under an employment support measure and, when requesting the assistance, is a person for whom a benefit period is…
Section 59 — Employment support measures
The Commission may establish employment support measures to help insured participants and other workers, including workers in groups underrepresented in the labour market, to obtain or keep…
Section 60 — National employment service
The Commission shall maintain a national employment service to provide information on employment opportunities across Canada to help workers find suitable employment and help employers find suitable…
Section 61 — Financial assistance
The Commission may, in accordance with terms and conditions approved by the Treasury Board, provide financial assistance for the purpose of implementing employment support measures.
Section 62 — Agreements for administering employment support measures
The Commission may, with the approval of the Minister, enter into an agreement or arrangement for the administration of employment support measures on its behalf by a department, board or agency of…
Section 63 — Agreements for paying costs of similar benefits and measures
The Commission may, with the approval of the Minister, enter into an agreement with a government or government agency in Canada or any other public or private organization to provide for the payment…
Section 63.1
[Repealed, 2017, c. 20, s. 309]
Section 64 — No appeal
A decision of the Commission made in relation to employment support measures, other than a decision under section 65.1, is not subject to review under section 112.
Section 65 — Liability for repayments
A person is liable to repay the following amounts paid under section 61: principal and interest on a loan to the person; an amount paid on a guarantee or suretyship of a loan made to the person; and…
Section 65.1 — Penalties
The Commission may impose on a person to whom financial assistance has been provided under section 61 a penalty for each of the following acts or omissions if the Commission becomes aware of facts…
Section 65.2 — Debts due to the Crown
Amounts repayable under section 65 and penalties under section 65.1 are debts due to Her Majesty and are recoverable in the Federal Court or any other court of competent jurisdiction or in any other…
Section 65.21 — Definition of actuary
In this Part, actuary means the Fellow of the Canadian Institute of Actuaries whose services are engaged by the Commission under subsection 28(4) of the Department of Employment and Social…
Section 65.3
[Repealed, 2008, c. 28, s. 126]
Section 66 — Annual premium rate setting
Subject to subsection (7) and section 66.32, the Commission shall set the premium rate for each year in order to generate just enough premium revenue to ensure that, at the end of the seven-year…
Section 66.1 — Information provided
The Minister shall, on or before July 22 in a year, provide the actuary and the Commission with the following information: if the Minister has made an announcement referred to in paragraph 66(2)(e),…
Section 66.2 — Information provided
The Minister of Finance shall, on or before July 22 in a year, provide the actuary and the Commission with the following information: the most current available forecast values of the economic…
Section 66.3 — Actuary’s report
The actuary shall prepare actuarial forecasts and estimates for the purposes of sections 4, 66 and 69 and shall, on or before August 22 in a year, provide the Commission with a report that sets out…
Section 66.31 — Report and summary
The Commission shall, on or before August 31 in a year, provide the Minister and the Minister of Finance with the report referred to in section 66.3 and a summary of that report. The Commission…
Section 66.32 — Premium rate setting by Governor in Council
On the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may, on or before September 30 in a year, if the Governor in Council considers it to be in the public…
Section 66.4 — Rounding percentage rates
If the calculation of a premium rate under section 66 or 66.32 results in a rate that includes a fraction of one per cent, the resulting percentage is to be rounded to the nearest one hundredth of…
Section 66.5 — Publication in Canada Gazette
As soon as possible after a premium rate is set under section 66 or 66.32, the Commission shall publish it in Part I of the Canada Gazette .
Section 66.6 — Service Fees Act
For greater certainty, the Service Fees Act does not apply in respect of the premium rate set under section 66 or 66.32 or the premiums determined under sections 67 and 68.
Section 67 — Employee’s premium
Subject to section 70, a person employed in insurable employment shall pay, by deduction as provided in subsection 82(1), a premium equal to their insurable earnings multiplied by the premium rate…
Section 68 — Employer’s premium
Subject to sections 69 and 70, an employer shall pay a premium equal to 1.4 times the employees’ premiums that the employer is required to deduct under subsection 82(1).
Section 69 — Premium reduction — wage-loss plans
The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s premium when the payment of any allowances, money or other…
Section 70 — Overlapping pay periods
If insurable earnings are paid to a person after the end of the year in which their insurable employment occurred, the insurable employment is, for the purposes of determining insurable earnings and…
Section 70.1
[Repealed, 2012, c. 19, s. 613]
Section 70.2 — Employment Insurance Operating Account established
There is established in the accounts of Canada an account to be known as the Employment Insurance Operating Account.
Section 71
[Repealed, 2010, c. 12, s. 2186]
Section 72 — Payment into Consolidated Revenue Fund
There shall be paid into the Consolidated Revenue Fund all amounts received under Parts I and III to IX, as or on account of premiums, fines, penalties, interest, repayment of overpaid benefits and…
Section 73 — Credits to Employment Insurance Operating Account
There shall be credited to the Employment Insurance Operating Account and charged to the Consolidated Revenue Fund an amount in each year equal to the amount receivable as or on account of premiums…
Section 73.1 — Benefit enhancements under this Act
There shall be credited to the Employment Insurance Operating Account on August 1, 2010 the amount determined by the Minister of Finance that corresponds to the cost of the benefit enhancement…
Section 74 — Government premiums
There shall be credited to the Employment Insurance Operating Account and charged to the Consolidated Revenue Fund an amount equal to the premiums required to be paid by Her Majesty in right of…
Section 75 — Other credits to Employment Insurance Operating Account
There shall be credited to the Employment Insurance Operating Account all amounts paid into the Consolidated Revenue Fund that are received as or on account of penalties imposed under section 38, 39…
Section 76
[Repealed, 2010, c. 12, s. 2187]