An Act to amend the Employment Insurance Act (qualifying period) - C-314


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We're nicknaming this bill 'Changing the Employment Insurance Qualifying Period' for more clarity.

42nd Parliament, Session 1
Introduced: Monday 17th of October 2016
Status: Introduced

Sponsor:

Full text: Bill C-314

Description:

This bill changes The Employment Insurance Act .

It seems to be changing section 8, adding a 6.1, and changing 7:

(6.1) A qualifying period referred to in paragraph (1)?(a) is extended by the aggregate of any weeks during the qualifying period for which the person proves, in the manner that the Commission may direct, that
(a) they had an interruption of earnings from insurable employment; and
(b) during the fifty-two weeks before the interruption of earnings, they received special benefits under section 22 or 23 or allowances, money or other benefits under a provincial law as the result of a pregnancy or parental leave, or would have received them but for the operation of subsections 22(3) and 23(3.?5).

(7) No extension under any of subsections (2) to (4) and (6.1) may result in a qualifying period of more than 104 weeks.


Section 8 before these changes:

8 (1) Subject to subsections (2) to (7), the qualifying period of an insured person is the shorter of

(a) the 52-week period immediately before the beginning of a benefit period under subsection 10(1), and

(b) the period that begins on the first day of an immediately preceding benefit period and ends with the end of the week before the beginning of a benefit period under subsection 10(1).

(2) A qualifying period mentioned in paragraph (1)(a) is extended by the aggregate of any weeks during the qualifying period for which the person proves, in such manner as the Commission may direct, that throughout the week the person was not employed in insurable employment because the person was

(a) incapable of work because of a prescribed illness, injury, quarantine or pregnancy;

(b) confined in a jail, penitentiary or other similar institution and was not found guilty of the offence for which the person was being held or any other offence arising out of the same transaction;

(c) receiving assistance under employment benefits; or

(d) receiving payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the person, her unborn child or a child whom she was breast-feeding.

(3) A qualifying period mentioned in paragraph (1)(a) is extended by the aggregate of any weeks during the qualifying period for which the person proves, in such manner as the Commission may direct, that

(a) earnings paid because of the complete severance of their relationship with their former employer have been allocated to weeks in accordance with the regulations; and

(b) the allocation has prevented them from establishing an interruption of earnings.

(4) A qualifying period is further extended by the aggregate of any weeks during an extension for which the person proves, in such manner as the Commission may direct, that

(a) in the case of an extension under subsection (2), the person was not employed in insurable employment because of a reason specified in that subsection; or

(b) in the case of an extension under subsection (3), the person had earnings paid to them because of the complete severance of their relationship with their former employer.

(5) For the purposes of subsections (2) to (4), a week during which the person was in receipt of benefits does not count.

(6) For the purposes of subsection (3) and paragraph (4)(b), a week during which the person was employed in insurable employment does not count.

(7) No extension under any of subsections (2) to (4) may result in a qualifying period of more than 104 weeks.



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