Qualifying Conditions

1. Interruption of earnings?
2. Benefit Period Commencement date? 
3. Qualifying Period dates?
4. Extension of Qualifying Period applicable?
5. Sufficient hours of insurable employment in Qualifying Period?

 
Act: sections 2 Employment Insurance Act (interruption of earnings), 7 Employment Insurance Act (insured hours required to establish a claim), 7.1 Employment Insurance Act (increase in required hours for violation), 8 Employment Insurance Act (qualifying period), 9 Employment Insurance Act (establishment of a benefit period), 10 Employment Insurance Act (benefit period duration)

Related: Act subsections 30(5) (restriction of qualifying for benefits when a claimant has been disqualified), 30(6) Employment Insurance Act (restriction on number of weeks and rate of benefits when a claimant has been disqualified)

Regulations: sections 12 Employment Insurance Regulations (prescribed hours and prescribed weeks), 14 Employment Insurance Regulations (interruption of earnings) , 35 Employment Insurance Regulations (earnings for benefit purposes)

Regulation 77.5 Employment Insurance Regulations, in force from December 11, 2005 to December 06, 2008, provides authority for Pilot Project no. 9, Providing Increased Access to Employment and Unemployment Benefits for New Entrants and Re-entrants, applies only to new claims established by claimants who are ordinarily resident in the designated regions of high unemployment. This Regulation does not apply to fishing claims.

Regulation 77.9 Canada Gazette, establishes Pilot Project no.13 from December 7, 2008 to December 4, 2010 to test the labour market impact of decreasing, for new entrants and re-entrants to the labour force who have access to employment programs established under Part II of the Act, the number of hours of insurable employment required for them to qualify for benefits. This Regulation applies only to new claims established by claimants who are ordinarily resident in the designated regions of high unemployment and does not apply to fishing claims.

*NOTE: This pilot project will end as scheduled on December 4, 2010.

 
Insurable Employment to establish a claim:
Two categories of claimant - Four situations possible: (section 7 of the Act)   Employment Insurance Act.

1. New-Entrant or Re-entrant subsections 7(3), 7(4), 7(5) Employment Insurance Act - needs 910 hours in Qualifying Period. Claims to which Regulation 77.5 Employment Insurance Regulations or 77.9 Canada Gazette applies require not less than 840 and not more than 909 hours of insurable employment.
   
2. New-entrant or re-entrant with "violation(s)" - needs number of hours specified in subsection 7.1(2) Employment Insurance Act. Claims to which Regulation 77.5 Employment Insurance Regulations applies require the increased hours set out in subsection 77.5(3) Employment Insurance Regulations. Claims to which Regulation 77.9 Canada Gazette applies require the increased hours set out in subsection 77.9(3) Canada Gazette
   
3. "Regular qualifier" - claimant other than a new-entrant or re-entrant: needs 420 to 700 hours depending on regional rate of unemployment. See TABLE (subsection 7(2) Employment Insurance Act)
   
4. Regular qualifier with "violation(s)" subsection 7.1(1) Employment Insurance Act - needs hours per TABLE (subsection 7.1(1) Employment Insurance Act)

Note:
Violations subsections 7.1(4), 7.1(5), 7.1(6) Employment Insurance Act - apply if fraud was committed and the Commission decided to issue the claimant a Notice of Violation for reasons specified in subsection 7.1(4) Employment Insurance Act

Sufficient Insurable Employment to establish a claim must take into account subsections 30(5), 30(6) Employment Insurance Act - applying to claimants who have lost or left an employment.

 
Claimant must provide proof of qualifying conditions: subsection 49(1). Employment Insurance Act 

 

COTE A-178-86 Judgment Of The Federal Court Of Appeal, HARBOUR A-541-85 Judgment Of The Federal Court Of Appeal:  Establishing a benefit period vs meeting the conditions of entitlement to draw benefits

POULIOT A-1121-87 Judgment Of The Federal Court Of Appeal:  Insurable employment in Qualifying Period.

LESIUK A-281-01 Judgment Of The Federal Court Of Appeal (leave to appeal dismissed by Supreme Court [ 29642 Judgement Of The Supreme Court Of Canada]) sections 6 and   Employment Insurance Act 7 of the Act   Employment Insurance Actdo not contravene the Charter of Rights, PERIGNY A-405-01 Judgment Of The Federal Court Of Appeal: New entrant / re-entrant qualifying conditions - Charter of Rights argument.

LEVESQUE A-196-01 Judgment Of The Federal Court Of Appeal:  One hour short of meeting eligibility requirements - Act allows for no discrepancy or discretion.

SHEBIB A-24-01 Judgment Of The Federal Court Of Appeal:  Extension of Qualifying Period - severance pay does not prevent an interruption of earnings thus no basis for extension.

XUAN A-1393-92 Judgment Of The Federal Court Of Appeal:  Extension of Qualifying Period - confinement to an institution

DIDIODATO A-354-01 Judgment Of The Federal Court Of Appeal, BANWAIT A-470-00 Judgment Of The Federal Court Of Appeal, HABERMAN A-717-98 Judgment Of The Federal Court Of Appeal, VAUTOUR A-733-95 Judgment Of The Federal Court Of Appeal, KAUR A-487-93 Judgment Of The Federal Court Of Appeal:  Jurisdiction to make decisions on insurability and the quantum of insured hours rests with Revenue Canada Taxation

GAUTHIER A-105-98 Judgment Of The Federal Court Of Appeal:  Revenue Canada decision on insurability vs Commission decision on entitlement to benefits

PIRNASAR A-210-94 Judgment Of The Federal Court Of Appeal:  Request to extend Benefit Period - receipt of Wage Loss Insurance

PERRY A-475-05 Judgment of the Federal Court of Appeal, PINKERTON A-354-03 Judgment Of The Federal Court Of Appeal, A-355-03 Judgment Of The Federal Court Of Appeal and A-357-03 Judgment Of The Federal Court Of Appeal, ROY A-635-01 Judgment Of The Federal Court Of Appeal, CLAVET A-638-01 Judgment Of The Federal Court Of Appeal, LAROCQUE A-592-99 Judgment Of The Federal Court Of Appeal, RENY A-909-96 Judgment Of The Federal Court Of Appeal, SAVARIE A-679-95 Judgment Of The Federal Court Of Appeal:  Interruption of earnings - continuing to work

MASSÉ A-307-06 (CUB 65896) Judgment Of The Federal Court Of Appeal, LEVIS A-79-02 Judgment Of The Federal Court Of Appeal, MARCOUX A-78-02 Judgment Of The Federal Court Of Appeal:  Interruption of earnings - in receipt of accommodation

STOYKO A-448-94 Judgment Of The Federal Court Of Appeal:  Interruption of earnings - contract of employment.

VIEL A-194-97 Judgment Of The Federal Court Of Appeal:  Interruption of earnings - farm income

TJONG A-672-95 Judgment Of The Federal Court Of Appeal:  Benefits paid after the end of a benefit period

BELANGER A-60-00 Judgment Of The Federal Court Of Appeal, DUPERE A-774-99 Judgment Of The Federal Court Of Appeal:  The rate calculation period and preventative withdrawal from work (EI Regulations subsection 14(7) Employment Insurance Regulations).

SZCZECH A-145-04 Judgment Of The Federal Court Of Appeal: Start of the 260 week period for violations.

MAXWELL  A-463-05 Judgment Of The Federal Court Of Appeal, PIOVESAN  A-559-05 Judgment Of The Federal Court Of Appeal: The issuance of a warning is a “penalty” for the purposes of the invoking of a violation pursuant to paragraph 7.1(4)(a) of the EI Act.

SAVARD  A-546-05 Judgment Of The Federal Court Of Appeal: The increase in insured hours provided for in subsection 7.1(1) is based on the claimant's liability for the violation and not on the knowledge of having a notice of violation.

PETRYNA A-773-00 Judgment Of The Federal Court Of Appeal:  The EI Act has no provision to suspend or stay a violation pending the final disposition of any outstanding appeal.

LINGAM A-396-04 Judgment Of The Federal Court Of Appeal, SOMERVILLE A-336-04 Judgment Of The Federal Court Of Appeal: The classification of a violation is based on the amount of the overpayment.

CUB 68438 Umpire Decision, CUB 45378 Umpire Decision: hours required to requalify for benefits following an indefinite disqualification for voluntary leaving or misconduct.