Budget Implementation Act, 2021, No. 1 (S.C. 2021, c. 23)

• 348 (1) Subsections 36(9) to (10.2) of the Regulations are repealed.

• (2) Section 36 of the Regulations is amended by adding the following after subsection (8):

  • (9) Subject to subsections (10) to (11), all earnings paid or payable to a claimant by reason of a lay-off or separation from an employment shall, regardless of the period in respect of which the earnings are purported to be paid or payable, be allocated to a number of weeks that begins with the week of the lay-off or separation in such a manner that the total earnings of the claimant from that employment are, in each consecutive week except the last, equal to the claimant’s normal weekly earnings from that employment.

  • (10) Subject to subsection (11), where earnings are paid or payable to a claimant by reason of a lay-off or separation from an employment subsequent to an allocation under subsection (9) in respect of that lay-off or separation, the subsequent earnings shall be added to the earnings that were allocated and, regardless of the period in respect of which the subsequent earnings are purported to be paid or payable, a revised allocation shall be made in accordance with subsection (9) on the basis of that total.

  • (10.1) The allocation of the earnings paid or payable to a claimant by reason of a lay-off or separation from an employment made in accordance with subsection (9) does not apply if

    • (a) the claimant’s benefit period begins in the period beginning on January 25, 2009 and ending on May 29, 2010;

    • (b) the claimant contributed at least 30% of the maximum annual employee’s premium in at least seven of the 10 years before the beginning of the claimant’s benefit period;

    • (c) the Commission paid the claimant less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period; and

    • (d) during the period in which the earnings paid or payable by reason of the claimant’s lay-off or separation from an employment are allocated in accordance with subsection (9) or, if the earnings are allocated to five weeks or less, during that period of allocation or within six weeks following the notification of the allocation, the claimant is referred by the Commission, or an authority that the Commission designates, under paragraph 25(1)(a) of the Act, to a course or program of instruction or training

      • (i) that is full-time,

      • (ii) that has a duration of at least 10 weeks or that costs at least $5,000 or 80% of the earnings paid or payable by reason of the claimant’s lay-off or separation from employment,

      • (iii) for which the claimant assumes the entire cost, and

      • (iv) that begins during one of the 52 weeks following the beginning of the claimant’s benefit period.

  • (10.2) If any of the conditions under which the Commission may terminate the claimant’s referral under paragraph 27(1.1)(b) of the Act exists, the earnings paid or payable to the claimant by reason of a lay-off or separation from an employment shall be re-allocated under subsection (9).

• 349 (1) The portion of subsection 55(5) of the Regulations before paragraph (a) is replaced by the following:

  • (5) A claimant who is not a self-employed person and whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if

• (2) The portion of subsection 55(5) of the Regulations before paragraph (a) is replaced by the following:

  • (5) A major attachment claimant who is not a self-employed person and whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if

• (3) The portion of subsection 55(6) of the Regulations before paragraph (a) is replaced by the following:

  • (6) Subject to subsection (7), a claimant who is not a self-employed person and who resides outside Canada, other than a claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if

• (4) The portion of subsection 55(6) of the Regulations before paragraph (a) is replaced by the following:

  • (6) Subject to subsection (7), a claimant who is not a self-employed person and who resides outside Canada, other than a major attachment claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if

350 Paragraph 77.992(2)(a) of the Regulations is replaced by the following:

Coming into Force

Marginal note:September 26, 2021

• 351 (1) Subsections 347(1) and (3), 348(1), 349(1) and (3) and section 350 come into force, or are deemed to have come into force, on September 26, 2021.

• Marginal note:September 25, 2022

  (2) Subsections 347(2) and (4), 348(2) and 349(2) and (4) come into force, or are deemed to have come into force, on September 25, 2022.

SOR/96-445Employment Insurance (Fishing) Regulations

Amendments to the Regulations

• 352 (1) The definitions major attachment claimant and minor attachment claimant in subsection 1(1) of the Employment Insurance (Fishing) Regulations are repealed.

• (2) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:

  major attachment claimant

  major attachment claimant means a claimant who qualifies to receive benefits and has $3,760 or more of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la première catégorie)

  minor attachment claimant

  minor attachment claimant means a claimant who qualifies to receive benefits and has less than $3,760 of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la deuxième catégorie)

• 353 (1) Paragraph 8(2)(b) of the Regulations is replaced by the following:

  • (b) have accumulated, since the beginning of the qualifying period, at least $2,500 of insurable earnings from employment as a fisher.

• (2) Paragraph 8(2)(b) of the Regulations is replaced by the following:

  • (b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside.

• (3) Paragraph 8(7)(b) of the Regulations is replaced by the following:

  • (b) have accumulated, since the beginning of the qualifying period, at least $2,500 of insurable earnings from employment as a fisher.

• (4) Paragraph 8(7)(b) of the Regulations is replaced by the following:

  • (b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside.

• 354 (1) Subsection 11(1) of the Regulations is replaced by the following:

  • 11 (1) Despite subsections 7.1(1) to (2.1), (6) and (7) of the Act, the amount of insurable earnings that an insured person requires under section 8 or 12 to qualify for benefits is increased to the amount set out in the applicable column of the table to this subsection if the insured person accumulates one or more violations in the 260 weeks before making an initial claim for benefits.

    	Column 1	Column 2	Column 3	Column 4
    Item	Minor Violation ($)	Serious Violation ($)	Very Serious Violation ($)	Subsequent Violation ($)
    1	3,200	3,800	4,350	5,100

• (2) Subsection 11(1) of the Regulations is replaced by the following:

  • 11 (1) Despite subsections 7.1(1) to (2.1), (6) and (7) of the Act, the amount of insurable earnings that an insured person requires under section 8 to qualify for benefits is increased to the amount set out in the applicable column of the table to this subsection if the insured person accumulates one or more violations in the 260 weeks before making an initial claim for benefits.

    	Column 1	Column 2	Column 3	Column 4	Column 5
    Item	Regional Rate of Unemployment	Minor Violation ($)	Serious Violation ($)	Very Serious Violation ($)	Subsequent Violation ($)
    1	6% and under	5,250	6,400	7,350	8,400
    2	more than 6% but not more than 7%	5,000	6,000	7,000	8,000
    3	more than 7% but not more than 8%	4,750	5,700	6,650	7,600
    4	more than 8% but not more than 9%	4,500	5,400	6,300	7,200
    5	more than 9% but not more than 10%	4,200	5,100	5,850	6,800
    6	more than 10% but not more than 11%	3,950	4,750	5,600	6,400
    7	more than 11% but not more than 12%	3,625	4,350	5,150	5,850
    8	more than 12% but not more than 13%	3,450	4,050	4,800	5,500
    9	more than 13%	3,200	3,800	4,350	5,100

• 355 (1) Subsection 12(1) of the Regulations is replaced by the following:

  • 12 (1) An insured person who is not qualified to receive benefits under section 7 of the Act and who is claiming special benefits qualifies to receive the special benefits if the person has at least $2,500 of insurable earnings from employment as a fisher in their qualifying period.

• (2) Subsection 12(1) of the Regulations is replaced by the following:

  • 12 (1) An insured person who is not qualified to receive benefits under section 7 of the Act and who is claiming special benefits qualifies to receive the special benefits if the person has at least $3,760 of insurable earnings from employment as a fisher in their qualifying period.

• (3) Paragraph 12(5)(a) of the Regulations is replaced by the following:

  • (a) the claimant has accumulated, since the beginning of the benefit period, insurable earnings from employment as a fisher that, when added to the insurable earnings from employment as a fisher in the claimant’s qualifying period, are at least $2,500; and

• (4) Paragraph 12(5)(a) of the Regulations is replaced by the following:

  • (a) the claimant has accumulated, since the beginning of the benefit period, insurable earnings from employment as a fisher that, when added to the insurable earnings from employment as a fisher in the claimant’s qualifying period, are equal to or exceed the applicable amount of insurable earnings in employment as a fisher set out in the schedule, determined by reference to the week in which the benefit period began; and

356 The heading before section 15 and sections 15 to 17 of the Regulations are repealed.

357 The schedule to the Regulations is repealed.

358 The Regulations are amended by adding, after section 14.5, the schedule set out in Schedule 4 to this Act.

Transitional Provision

Marginal note:Non-application

359 For greater certainty, subsections 153(3) to (9) of the Employment Insurance Act do not apply in respect of the amendments made by sections 352 to 358.

Coming into Force

Marginal note:September 26, 2021

• 360 (1) Subsections 352(1), 353(1) and (3), 354(1) and 355(1) and (3) and sections 356 and 357 come into force, or are deemed to have come into force, on September 26, 2021.

• Marginal note:September 25, 2022

  (2) Subsections 352(2), 353(2) and (4), 354(2) and 355(2) and (4) and section 358 come into force, or are deemed to have come into force, on September 25, 2022.

DIVISION 362000, c. 9Canada Elections Act

Amendments to the Act

• 361 (1) Paragraph 486(3)(c) of the Canada Elections Act is replaced by the following:

  • (c) knowingly contravenes subsection 91(1) (making or publishing false statement to affect election results); or

• (2) Paragraph 486(4)(a) of the Act is replaced by the following:

  • (a) knowingly contravenes subsection 91(1) (making or publishing false statement to affect election results); or

Application of Amendments

Marginal note:Election within six months

362 Despite subsection 554(1) of the Canada Elections Act, the amendments to that Act made by section 361 apply in an election for which the writ is issued within six months after the day on which this Act receives royal assent.