- (a) a building within the yard of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway, and
- (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as a residence; ( maison d’habitation )
means the premium that a person employed in insurable employment is required to pay under section 67; ( cotisation ouvrière )
includes a person who has been an employer and, in respect of remuneration of an individual referred to as sponsor or co-ordinator of a project in paragraph 5(1)(e), it includes that individual; ( employeur )
means the premium that an employer of an insured person is required to pay under section 68; ( cotisation patronale )
means the act of employing or the state of being employed; ( emploi )
[Repealed, 2022, c. 10, s. 387]
means a measure established under section 59; ( mesure de soutien à l’emploi )
means the total amount of the earnings, as determined in accordance with Part IV, that an insured person has from insurable employment; ( rémunération assurable )
has the meaning assigned by section 5; ( emploi assurable )
means a person who is or has been employed in insurable employment; ( assuré )
means an interruption that occurs in the earnings of an insured person or a person to whom Part VII.1 applies at any time and in any circumstances determined by the regulations; ( arrêt de rémunération )
means a dispute between employers and employees, or between employees and employees, that is connected with the employment or non-employment, or the terms or conditions of employment, of any persons; ( conflit collectif )
[Repealed, 2016, c. 7, s. 207]
means the Minister of Employment and Social Development, except in Parts IV and VII; ( ministre )
does not include a benefit repayment as described in Part VII; ( versement excédentaire de prestations )
means prescribed by the regulations or determined in accordance with rules prescribed by the regulations; ( Version anglaise seulement )
means the provisions of any Act of the legislature of a province authorizing, or entitling a person to, the payment of benefits under a plan established by or under that Act; ( loi provinciale )
means the rate of unemployment as determined from time to time in a year; ( taux de chômage )
means benefits payable under Part I and Part VIII, but does not include special benefits or benefits by virtue of section 24 or 25; ( prestations régulières )
means benefits paid for any reason mentioned in subsection 12(3) or 152.14(1); ( prestations spéciales )
[Repealed, 2012, c. 19, s. 240]
means a period of seven consecutive days beginning on and including Sunday, or any other prescribed period; ( semaine )
means a calendar year. ( année )
- 1996, c. 23, ss. 2, 189
- 2000, c. 12, s. 106
- 2001, c. 5, s. 1
- 2003, c. 15, s. 15
- 2005, c. 34, s. 80
- 2009, c. 33, s. 2
- 2012, c. 19, s. 240
- 2013, c. 40, s. 238
- 2016, c. 7, s. 207
- 2017, c. 20, s. 229
- 2022, c. 10, s. 387
Report
Marginal note: Commission to assess adjustment
- 3 (1) The Commission shall monitor and assess the impact and effectiveness, for individuals, communities and the economy, of the benefits and other assistance provided under this Act, including
- (a) how the benefits and assistance are utilized by employees and employers, and
- (b) the effect of the benefits and assistance on the obligation of claimants to be available for and to seek employment and on the efforts of employers to maintain a stable workforce.
- 1996, c. 23, s. 3
- 2001, c. 5, s. 2
- 2008, c. 28, s. 124
Maximum Yearly Insurable Earnings
Marginal note: Maximum yearly insurable earnings
- 4 (1) For the purposes of subsection 14(1.1), section 17, subsection 82(2) and sections 95 and 145, the maximum yearly insurable earnings is $39,000 until the amount calculated in accordance with subsection (2) for a year, before rounding down under subsection (4), exceeds $39,000, in which case the maximum yearly insurable earnings for that year is that amount, rounded down under subsection (4).
- Marginal note: Calculation of amount (2) The amount referred to in subsection (1) is the amount equal to 52 times the product obtained by multiplying
- (a) the average for the 12-month period ending on April 30 in the preceding year of the Average Weekly Earnings for each month in that period
- (b) the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.
- 1996, c. 23, s. 4
- 2001, c. 5, s. 3
- 2012, c. 19, s. 603, c. 31, s. 433
- 2013, c. 40, s. 125
Insurable Employment
Marginal note: Types of insurable employment
- 5 (1) Subject to subsection (2), insurable employment is
- (a) employment in Canada by one or more employers, under any express or implied contract of service or apprenticeship, written or oral, whether the earnings of the employed person are received from the employer or some other person and whether the earnings are calculated by time or by the piece, or partly by time and partly by the piece, or otherwise;
- (b) employment in Canada as described in paragraph (a) by Her Majesty in right of Canada;
- (c) service in the Canadian Forces or in a police force;
- (d) employment included by regulations made under subsection (4) or (5); and
- (e) employment in Canada of an individual as the sponsor or co-ordinator of an employment support measure other than one referred to in paragraph 59(c) or (d).
- (a) employment of a casual nature other than for the purpose of the employer’s trade or business;
- (b) the employment of a person by a corporation if the person controls more than 40% of the voting shares of the corporation;
- (c) employment in Canada by Her Majesty in right of a province;
- (d) employment in Canada by the government of a country other than Canada or of any political subdivision of the other country;
- (e) employment in Canada by an international organization;
- (f) employment in Canada under an exchange program if the employment is not remunerated by an employer that is resident in Canada;
- (g) employment that constitutes an exchange of work or services;
- (h) employment excluded by regulations made under subsection (6); and
- (i) employment if the employer and employee are not dealing with each other at arm’s length.
- (a) the question of whether persons are not dealing with each other at arm’s length shall be determined in accordance with the Income Tax Act ; and
- (b) if the employer is, within the meaning of that Act, related to the employee, they are deemed to deal with each other at arm’s length if the Minister of National Revenue is satisfied that, having regard to all the circumstances of the employment, including the remuneration paid, the terms and conditions, the duration and the nature and importance of the work performed, it is reasonable to conclude that they would have entered into a substantially similar contract of employment if they had been dealing with each other at arm’s length.
- (a) employment outside Canada or partly outside Canada that would be insurable employment if it were in Canada;
- (b) the entire employment of a person who is engaged by one employer partly in insurable employment and partly in other employment;
- (c) employment that is not employment under a contract of service if it appears to the Commission that the terms and conditions of service of, and the nature of the work performed by, persons employed in that employment are similar to the terms and conditions of service of, and the nature of the work performed by, persons employed under a contract of service;
- (d) employment in Canada by Her Majesty in right of a province if the government of the province waives exclusion and agrees to insure all its employees engaged in that employment;
- (e) employment in Canada by the government of a country other than Canada or of any political subdivision of the other country if the employing government consents;
- (f) employment in Canada by an international organization if the organization consents; and
- (g) the tenure of an office as defined in subsection 2(1) of the Canada Pension Plan .
- (a) any employment if it appears to the Commission that because of the laws of a country other than Canada a duplication of contributions or benefits will result;
- (b) the entire employment of a person who is engaged by one employer partly in insurable employment and partly in other employment;
- (c) any employment if it appears to the Commission that the nature of the work performed by persons employed in that employment is similar to the nature of the work performed by persons employed in employment that is not insurable employment;
- (d) the employment of a member of a religious order who has taken a vow of poverty and whose remuneration is paid directly or by the member to the order;
- (e) any employment in which persons are employed hardly at all or for nominal remuneration; and
- (f) any employment provided under regulations made under section 24 or under an employment support measure other than one referred to in paragraph 59(c) or (d).
- 1996, c. 23, s. 5
- 2022, c. 10, s. 388
