Rate of Weekly Benefit

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*This asterisk denotes recent case law.

Questions to Answer

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

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

Regulation 77.93, in force from June 26, 2011 to June 12, 2012 provides authority for Pilot Project No. 11, Highest 14 weeks Benefit Rate Calculation. The pilot project calculates EI benefits based on the highest 14 weeks of earnings over the year preceding a claim. This pilot project applies to all claimants ordinarily residing in a region described in Schedule 11.91, whose benefit period is established between June 26, 2011 and June 23, 2012 with the exception of fishing claims and claims filed by self employed persons under Part Vll.1 of the EI Act.

Legal test


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 77.93 applies will have a basic rate of 55% calculated on the best 14 weeks of insurable earnings in the qualifying period.

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

Onus of proof

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

Key Case Law

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.

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