Bill C-280

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-280

An Act to amend the Employment Insurance Act (qualification for and entitlement to benefits)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Subsection 2(5) of the Employment Insurance Act is replaced by the following:

(5) For the purposes of section 145, the Commission may, with the approval of the Governor in Council, make regulations for establishing how many weeks of benefits a claimant was paid, in order to take into account benefit reductions or deductions in the calculation or payment of those benefits.

2. (1) The definitions “major attachment claimant” and “minor attachment claimant” in subsection 6(1) of the Act are replaced by the following:

“major attachment claimant” means a claimant who qualifies to receive benefits and has 360 or more hours of insurable employment in their qualifying period;

“minor attachment claimant” means a claimant who qualifies to receive benefits and has fewer than 360 hours of insurable employment in their qualifying period;

3. Subsections 7(1) to (5) of the Act are replaced by the following:

7. (1) An insured person qualifies to receive benefits if the person

(a) has had an interruption of earnings from employment; and

(b) has had during their qualifying period at least 360 hours of insurable employment.

4. Subsections 7.1(1) and (2) of the Act are replaced by the following:

7.1 (1) The number of hours that an insured person requires under section 7 to qualify for benefits is increased to

(a) 525 hours if the insured person accumulates one or more minor violations,

(b) 700 hours if the insured person accumulates one or more serious violations,

(c) 875 hours if the insured person accumulates one or more very serious violations, and

(d) 1050 hours if the insured person accumulates one or more subsequent violations

in the 260 weeks before making their initial claim for benefit.

5. (1) Subsection 14(1) of the Act is replaced by the following:

14. (1) The rate of weekly benefits payable to a claimant is 55% of the average of their weekly insurable earnings for the 12 weeks in which the claimant received the highest earnings during the 12-month period preceding the week in which the interruption in earnings occurred.

(2) Subsection 14(2) of the Act is repealed.

6. The portion of subsection 153.1(1) of the Act before paragraph (a) is replaced by the following:

153.1 (1) Despite anything in this Act, the Commission shall, with the approval of the Governor in Council, make any regulations it considers necessary respecting the establishment and operation of a scheme to ensure that special benefits are provided to insured persons who have at least 360 hours of insurable employment in their qualifying period but who do not qualify to receive benefits under section 7, including regulations

7. This Act comes into force 30 days after the date on which it is assented to.