VadeLab

Employment Insurance Act

Sections and provisions with full text and the judgments that cite each one.

Repealed

Section 121

[Repealed, 2012, c. 19, s. 247]

Repealed

Section 122

[Repealed, 2012, c. 19, s. 247]

Repealed

Section 123

[Repealed, 2012, c. 19, s. 247]

Section 124 — Investigation by Commission

The Governor in Council may direct the Commission to investigate and report on all matters that the Governor in Council deems advisable or necessary. The Commission has all the powers of a…

Section 125 — Information or complaint

An information or complaint under this Act, other than Part IV, may be laid or made by a member of the Royal Canadian Mounted Police or by a person acting for the Commission and, if an information or…

Section 126 — Certificates

An amount or part of an amount payable under Part I, II or VII.1 that has not been paid may be certified by the Commission without delay, if in the opinion of the Commission the person liable to pay…

Repealed

Section 127

[Repealed, 2005, c. 34, s. 64]

Repealed

Section 128

[Repealed, 2005, c. 34, s. 64]

Section 129 — Privilege

When an employer, claimant or other person gives the Commission written, oral or documentary evidence required for the proper determination of the entitlement of a claimant to benefits, the giving of…

Section 130 — Default

If, because of the failure or neglect of any person to comply with this Act or the regulations, another person loses the right to claim, in whole or in part, any benefits to which the person would…

Section 131 — Question under section 90

If a question specified in section 90 arises in any legal proceedings, the justice, judge or court before whom it arises shall refer the question to an authorized officer of the Canada Revenue Agency…

Section 132 — Question for Commission

If a question that could be decided by the Commission arises in any legal proceedings, the justice, judge or court before whom the question arises shall refer the question to the Commission and defer…

Repealed

Section 133

[Repealed, 2015, c. 13, s. 54]

Section 134 — Evidence of documents, etc.

In any proceedings under this Act, a document appearing to be a resolution, record or other proceeding of the Commission or other proceeding under this Act or a copy of it, and appearing to be…

Section 135 — Offence

Every person is guilty of an offence punishable on summary conviction who in relation to a claim for benefits, makes a representation that the person knows to be false or misleading; being required…

Section 136 — Contravention of Act or regulations

Every person who contravenes this Act or the regulations is guilty of an offence. Every person who delays or obstructs a person authorized by the Commission in exercising their powers or performing…

Section 137 — General penalty for offences

Every person who is guilty of an offence under this Act for which no penalty is provided is liable on summary conviction to a fine of not less than $100 and not more than $2,000 or to imprisonment…

Section 138 — Obligation

Every person employed in insurable employment, and every self-employed person in respect of whom Part VII.1 applies, must have a Social Insurance Number that has been assigned to that person under an…

Section 139 — Change of name

When the name of a person to whom a Social Insurance Number has been assigned changes because of marriage or otherwise, the person shall inform the Commission of their new name within 60 days after…

Section 140 — Regulations

For the purposes of sections 138 and 139, the Commission may, with the approval of the Governor in Council, make regulations respecting applications for a Social Insurance Number; the assignment and…

Repealed

Section 141

[Repealed, 2012, c. 19, s. 308]

Section 142 — Reports

All reports, recommendations and submissions required to be made to the Governor in Council under this Act, whether by the Commission or otherwise, shall be submitted through the Minister.

Repealed

Section 143

[Repealed, 2012, c. 19, s. 250]

Section 144 — Definitions

In this Part, benefit repayment means an amount determined under section 145; ( remboursement de prestations ) benefits means benefits under this Act, read without reference to this Part; (…

Section 145 — Benefit repayment

If a claimant’s income for a taxation year exceeds 1.25 times the maximum yearly insurable earnings, the claimant shall repay to the Receiver General 30% of the lesser of the total benefits, other…

Section 146 — Returns

If a claimant is required to make a benefit repayment for a taxation year, a return in a form, and containing information, authorized by the Minister shall, without notice or demand, be filed with…

Section 147 — Estimate of benefit repayment

Every claimant or other person required by section 146 to file a return shall, in the return, estimate the amount of benefit repayment payable by them.

Section 148 — Responsible Minister

The Minister shall administer and enforce the provisions of this Part.

Section 149 — Application of Income Tax Act provisions

For the purposes of this Part, subsections 150(2) and (3), section 152 (except subsections 152(1.1) to (1.3) and (6)), section 158, subsections 159(1) to (3), sections 160 (except paragraph…

Section 150 — Debts due Her Majesty

All benefit repayments, interest, penalties and other amounts payable by a claimant under this Part and under the provisions of the Income Tax Act as they apply for the purposes of this Part are…

Section 151 — Communication of information

Notwithstanding subsection 241(1) of the Income Tax Act , the Minister may communicate, or allow to be communicated, to the Commission, or a person authorized by the Commission, such information…

Section 152 — Regulations

The Minister may, with the approval of the Governor in Council, make regulations prescribing anything that by this Part is to be prescribed; and generally, to carry out the purposes and provisions of…

Section 152.01 — Definitions

The following definitions apply in this Part. balance-due day of a self-employed person for a year means if the person died after October in the year and before May in the immediately following year,…

Section 152.02 — Agreement

This Part applies in respect of every self-employed person who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who…

Section 152.03 — Illness, injury or quarantine

Subject to this Part, a self-employed person who ceases to work as a self-employed person because of a prescribed illness, injury or quarantine and who would be otherwise working, is entitled to…

Section 152.04 — Pregnancy

Subject to this Part, benefits are payable to a self-employed person who proves her pregnancy. Subject to section 152.14, benefits are payable to a self-employed person under this section for each…

Section 152.05 — Parental benefits

Subject to this Part, benefits are payable to a self-employed person to care for one or more new-born children of the person or one or more children placed with the person for the purpose of adoption…

Section 152.06 — Compassionate care benefits

Subject to this Part, benefits are payable to a self-employed person if a medical doctor or nurse practitioner has issued a certificate stating that a family member of the self-employed person has a…

Section 152.061 — Benefits — critically ill child

Subject to this Part, benefits are payable to a self-employed person who is a family member of a critically ill child, in order to care for or support that child, if a medical doctor or nurse…

Section 152.062 — Benefits — critically ill adult

Subject to this Part, benefits are payable to a self-employed person who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse…

Section 152.07 — Qualification requirements

A self-employed person qualifies for benefits if at least 12 months have expired since the day on which the person entered into an agreement referred to in subsection 152.02(1) with the Commission,…

Section 152.08 — Qualifying period

The qualifying period of a self-employed person is the year immediately before the year during which their benefit period begins. A self-employed person’s self-employed earnings during a qualifying…

Section 152.09 — Benefits under this Part and Part I

If an individual qualifies for benefits under this Part as a self-employed person and for benefits under Part I as an insured person, the individual may receive benefits under one Part only and, to…

Section 152.1 — Establishment

When a self-employed person who qualifies under section 152.07 makes an initial claim for benefits, a benefit period shall be established and, once it is established, benefits are payable to the…

Section 152.11 — Beginning of benefit period

A benefit period begins on the later of the Sunday of the week in which the interruption of earnings occurs, and the Sunday of the week in which the initial claim for benefits is made. The length of…

Section 152.12 — Notification

On receiving an initial claim for benefits, the Commission shall decide whether the self-employed person is qualified to receive benefits and notify the person of its decision.

Section 152.13 — Benefits

If a benefit period has been established for a self-employed person, benefits may be paid to the person for each week of unemployment that falls in the benefit period, subject to the maximums…

Section 152.14 — Maximum number of weeks

The maximum number of weeks for which benefits under this Part may be paid in a benefit period to a self-employed person because of pregnancy is 15; because the self-employed person is caring for one…

Section 152.15 — Waiting period

A self-employed person is not entitled to be paid benefits in a benefit period until, after the beginning of the benefit period, the person has served a waiting period of one week of unemployment for…

Section 152.151 — Presumption

For the purpose of determining a self-employed person’s waiting period, a week of unemployment is deemed to be a week of unemployment for which benefits would otherwise be payable if — were the week…