Rate of Weekly Benefit

Has the rate of weekly benefit been calculated in accordance with the legislation?

 
Act: sections 14 (rate of weekly benefits)   Employment Insurance Act, 16 (family supplement rate increase)   Employment Insurance Act and 17 (maximum weekly rate=$423)   Employment Insurance Act

Regulations: 23 Employment Insurance Regulations, 24 Employment Insurance Regulations, 24.1 Employment Insurance Regulations, 24.2 Employment Insurance Regulations and 34  Employment Insurance Regulations 

Regulation 77.3 Employment Insurance Regulations, in force from October 30, 2005 to October 25, 2008, provides authority for Pilot Project no. 7, Highest 14 Weeks Benefit Rate Calculation, 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 77.7 Canada Gazette, in force from October 26, 2008 to October 23, 2010, provides authority for Pilot Project no. 11, for testing whether paying benefits based on calculating the rate of weekly benefits using the insurable earnings from a claimant's 14 highest weeks of insurable earnings in the qualifying period would encourage claimants to accept all available work. This Regulation applies 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 has been extended to June 25, 2011.

 

Basic rate is 55% of total weekly insurable earnings (subsection 14(2) Employment Insurance Act) in the rate calculation period: subsections 14(4), 14(4.1) of the Act   Employment Insurance Act, section 23 of the Regulations   Employment Insurance Regulations.

Claims to which Regulation 77.3 Employment Insurance Regulations or Regulation  77.7 Canada Gazette, applies will have a basic rate of 55% calculated on the best 14 weeks of insurable earnings in the qualifying period in accordance with subsection 77.3(3) Employment Insurance Regulations or Regulation 77.7(3) Canada Gazette.

Increased rate up to 25% (family supplement): section 16 of the Act   Employment Insurance Act, section 34 of the Regulations   Employment Insurance Regulations

 
Claimant must supply proof of weekly insurable earnings subsection 49(1) Employment Insurance Act.

 
CYMERMAN A-415-95 Judgment Of The Federal Court Of Appeal:  Had insurable employment but no insurable earnings (previous legislation)

BÉGIN  A-323-06 Judgment Of The Federal Court Of Appeal: Allocation of a lump sum pay adjustment in the rate calculation period.  

SVEINSON A-457-02 Judgment Of The Federal Court Of Appeal:  Allocation of lump sum pay equity monies for insurable earnings purposes. SVEINSON A-551-00 Judgment Of The Federal Court Of Appeal: Allocation of retroactive pay increase for insurable earnings purposes.