Eligibility for Benefits

I. Legislation

(d) Insurable Employment

(i) General

The Employment Insurance Act requires a claimant to have a certain number of hours of insurable employment.

Section 7 Employment Insurance Act

Under the Employment Insurance Act, a new entrant or re-entrant to the labour force must have 910 hours or more of insurable employment in his or her qualifying period.

Subsection 7(3) Employment Insurance Act

A new entrant or re-entrant to the labour force is defined in the legislation. Whether a claimant is a new entrant or re-entrant depends upon his or her situation during the fifty-two (52) weeks immediately preceding the commencement of his or her qualifying period. The qualifying period is the shorter of:

1. the fifty-two (52) weeks preceding the commencement of the claim; or
2. the period between the start of a prior benefit claim and the start of the new benefit claim.

The qualifying period can be extended if the criteria set out in the legislation are met. However, the maximum length of a qualifying period is 104 weeks.

Subsections 7(3) and (4) Employment Insurance Act
Section 8 Employment Insurance Act

A person who is not a new entrant or re-entrant is also required to have a certain number of weeks or hours of insurable employment during their qualifying period. However, the number of weeks or hours depends upon the regional rate of unemployment for the region in which the claimant is ordinarily resident.

Subsection 7(2) Employment Insurance Act
Section 17 Employment Insurance Regulations

(ii) Definition of Insurable Employment

The legislation distinguishes between two types of employment; "insurable" and "excluded". Employment falls into either one of these two categories. Benefits are payable to those persons who were engaged in insurable employment. Both terms are defined in the Act. Generally speaking, insurable employment is employment under a contract of service. However, the Commission has the power to make regulations which extend the scope of insurable employment.

Section 5 Employment Insurance Act

(iii) Determination of Insurable Employment

If there is any question as to whether employment is "insurable", an application may be made to the Minister of National Revenue for a determination. Any appeal from the Minister's decision must be made to the Tax Court of Canada.

Sections 90 and 103 Employment Insurance Act

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