Benefit Period of Employment Insurance (8:V) - Revision history

Nate Russell at 22:30, 27 November 2025

2025-11-27T22:30:22Z

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	:'''What is “Good Cause”?''' Good cause has typically been interpreted narrowly. Simple ignorance of the requirements of the EI Act has not been considered good cause, though reasonable reliance on bad advice from the employer, union, a legal advisor, or the Commission itself usually meets the requirements.		:'''What is “Good Cause”?''' Good cause has typically been interpreted narrowly. Simple ignorance of the requirements of the EI Act has not been considered good cause, though reasonable reliance on bad advice from the employer, union, a legal advisor, or the Commission itself usually meets the requirements.

	:In ''[https://www.canlii.org/en/ca/fca/doc/2012/2012fca139/2012fca139.html~~?resultIndex=1~~ Attorney General v Burke]'', 2012 FCA 139, a claimant asked for his application to be backdated because he had expected to be rehired and hence did not apply for EI until after the regular deadline. The Federal Court of Appeal upheld the previous decisions granting an antedate on the basis that the claimant had done what a reasonable person would do.		:In ''[https://www.canlii.org/en/ca/fca/doc/2012/2012fca139/2012fca139.html Attorney General v Burke]'', 2012 FCA 139, a claimant asked for his application to be backdated because he had expected to be rehired and hence did not apply for EI until after the regular deadline. The Federal Court of Appeal upheld the previous decisions granting an antedate on the basis that the claimant had done what a reasonable person would do.

	== B. Income That is Treated as Earnings ==		== B. Income That is Treated as Earnings ==
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	For more details, see section 35(7) of the ''EI Regulations''.		For more details, see section 35(7) of the ''EI Regulations''.

	In certain circumstances some earnings may not delay the start of an EI claim. In ''[https://www.canlii.org/en/ca/fca/doc/2005/2005fca363/2005fca363.html~~?autocompleteStr=Attorney%20General%20of%20Canada%20v%20Bielich%2C%202005%20FCA%20363&autocompletePos=1~~ Attorney General of Canada v Bielich]'', 2005 FCA 363, the court allowed a $24,000 payment to be exempted from the claimant’s allocation of earnings because the purpose of the payment was to compensate the claimant for giving up his right to seek reinstatement, not to compensate for lost pay.		In certain circumstances some earnings may not delay the start of an EI claim. In ''[https://www.canlii.org/en/ca/fca/doc/2005/2005fca363/2005fca363.html Attorney General of Canada v Bielich]'', 2005 FCA 363, the court allowed a $24,000 payment to be exempted from the claimant’s allocation of earnings because the purpose of the payment was to compensate the claimant for giving up his right to seek reinstatement, not to compensate for lost pay.

	:'''Note''': Retirement pensions are generally considered income and are deducted from EI benefits. However, if the claimant accumulates all the hours needed to qualify for EI after the date their pension starts, then their pension money will not be deducted from their EI benefits (see ''EI Regulations'', s. 35(7)(e)).		:'''Note''': Retirement pensions are generally considered income and are deducted from EI benefits. However, if the claimant accumulates all the hours needed to qualify for EI after the date their pension starts, then their pension money will not be deducted from their EI benefits (see ''EI Regulations'', s. 35(7)(e)).

LSLAP at 19:08, 13 October 2025

2025-10-13T19:08:46Z

← Older revision		Revision as of 19:08, 13 October 2025
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	{{REVIEWED LSLAP \| date= August ~~8, 2024~~}}		{{REVIEWED LSLAP \| date= 1 August 2025}}
	{{LSLAP Manual TOC\|expanded = EI}}		{{LSLAP Manual TOC\|expanded = EI}}

LSLAP: /* C. Income That Is Not Treated as Earnings */

2025-09-28T19:03:02Z

C. Income That Is Not Treated as Earnings

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	For more details, see section 35(7) of the ''EI Regulations''.		For more details, see section 35(7) of the ''EI Regulations''.

	~~Cases suggest that in~~ certain circumstances some earnings may not delay the start of an EI claim. In ''[https://www.canlii.org/en/ca/fca/doc/2005/2005fca363/2005fca363.html?autocompleteStr=Attorney%20General%20of%20Canada%20v%20Bielich%2C%202005%20FCA%20363&autocompletePos=1 Attorney General of Canada v Bielich]'', 2005 FCA 363, the court allowed a $24,000 payment to be exempted from the claimant’s allocation of earnings because the purpose of the payment was to compensate the claimant for giving up his right to seek reinstatement, not to compensate for lost pay.		In certain circumstances some earnings may not delay the start of an EI claim. In ''[https://www.canlii.org/en/ca/fca/doc/2005/2005fca363/2005fca363.html?autocompleteStr=Attorney%20General%20of%20Canada%20v%20Bielich%2C%202005%20FCA%20363&autocompletePos=1 Attorney General of Canada v Bielich]'', 2005 FCA 363, the court allowed a $24,000 payment to be exempted from the claimant’s allocation of earnings because the purpose of the payment was to compensate the claimant for giving up his right to seek reinstatement, not to compensate for lost pay.

	:'''Note''': Retirement pensions are generally considered income and are deducted from EI benefits. However, if the claimant accumulates all the hours needed to qualify for EI after the date their pension starts, then their pension money will not be deducted from their EI benefits (see ''EI Regulations'', s. 35(7)(e)).		:'''Note''': Retirement pensions are generally considered income and are deducted from EI benefits. However, if the claimant accumulates all the hours needed to qualify for EI after the date their pension starts, then their pension money will not be deducted from their EI benefits (see ''EI Regulations'', s. 35(7)(e)).

LSLAP: /* B. Income That is Treated as Earnings */

2025-09-28T19:01:57Z

B. Income That is Treated as Earnings

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	:g) group wage-loss insurance.		:g) group wage-loss insurance.

	It is important to note that some income, while generally considered as earnings, will not prevent an interruption of earnings. For example, receiving severance pay or vacation pay following a layoff will not delay the occurrence of an interruption of earnings. The claimant should still apply for EI as soon as possible after they stop working ~~to make sure their application is not late, even if the money they get from the employer due to the layoff may delay the start of their actual EI benefits~~.		It is important to note that some income, while generally considered as earnings, will not prevent an interruption of earnings. For example, receiving severance pay or vacation pay following a layoff will not delay the occurrence of an interruption of earnings. The claimant should still apply for EI as soon as possible after they stop working.

	Although the claimant will need to wait until the received funds are exhausted before being eligible to receive benefits, '''they must still apply for EI immediately'''. In such cases, the benefit period will be extended to make up for the weeks it takes to use up these earnings.		Although the claimant will need to wait until the received funds are exhausted before being eligible to receive benefits, '''they must still apply for EI immediately'''. In such cases, the benefit period will be extended to make up for the weeks it takes to use up these earnings.

LSLAP: /* G. Termination of Benefit Period */

2025-09-28T18:56:16Z

G. Termination of Benefit Period

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	Section 10(8) of the ''EI Act'' states that a benefit period terminates when:		Section 10(8) of the ''EI Act'' states that a benefit period terminates when:

	:a) no further benefits are payable to the claimant in their benefit period;		:a) no further benefits are payable to the claimant in their benefit period; or
	:b~~) the benefit period would otherwise end under this section; or~~		:b) the claimant
	:c) the claimant
	:* requests that their benefit period end,		:* requests that their benefit period end,
	:* makes a new initial claim for benefits, and		:* makes a new initial claim for benefits, and

LSLAP: /* F. Payment of Regular Benefits */

2025-09-28T18:55:17Z

F. Payment of Regular Benefits

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	== F. Payment of Regular Benefits ==		== F. Payment of Regular Benefits ==

	~~Where a benefit period for '''regular benefits''' has been established for a~~ claimant~~, benefits may~~ be paid to ~~the claimant for each week of unemployment that falls in the benefit period, subject to the~~ maximum ~~benefit periods established in the ''EI Act'', section 12.~~		An EI claimant can be paid regular benefits from 14 weeks up to a maximum of 45 weeks, depending on the [https://srv129.services.gc.ca/eiregions/eng/postalcode_search.aspx unemployment rate in their region] at the time they file their claim, and the amount of insurable hours they have accumulated in their qualifying period.

	~~The maximum number~~ of weeks ~~for which benefits may be paid in a benefit period (other than special benefits) are determined in accordance with~~ the table in Schedule I of the ''EI Act'' by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.

	~~Refer to Canada’s~~ [~~http~~://srv129.services.gc.ca/eiregions/eng/~~canada~~.aspx ~~EI Economic Region map~~] ~~to determine whether~~ the ~~claimant was living~~ in ~~one of the economic regions~~.

	== G. Termination of Benefit Period ==		== G. Termination of Benefit Period ==

LSLAP at 18:54, 28 September 2025

2025-09-28T18:54:03Z

← Older revision		Revision as of 18:54, 28 September 2025
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	{{REVIEWED LSLAP \| date= August 8, 2024}}		{{REVIEWED LSLAP \| date= August 8, 2024}}
	{{LSLAP Manual TOC\|expanded = EI}}		{{LSLAP Manual TOC\|expanded = EI}}

	~~== A. Introduction ==~~

	When a claim is established, the claimant’s “benefit period” will begin. Under s. 10(1) of the ''EI Act'', the benefit period begins on the Sunday at the beginning of the week in which the interruption of earnings occurs, or on the Sunday of the week in which the initial claim for benefit is made, whichever is later.		When a claim is established, the claimant’s “benefit period” will begin. Under s. 10(1) of the ''EI Act'', the benefit period begins on the Sunday at the beginning of the week in which the interruption of earnings occurs, or on the Sunday of the week in which the initial claim for benefit is made, whichever is later.
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	Benefits will only be paid during the benefit period.		Benefits will only be paid during the benefit period.

	== B. Antedating ==		== A. Antedating ==

	If an application for EI benefits was not filed within the first four weeks after the week in which the claimant experienced their interruption of earnings, they can ask that the claim be antedated back to the first date when it could have been filed under s. 10(4). The claimant must establish that good cause existed for the delay in filing. “Good cause” must be demonstrated for each day until the date the application was actually made. If the claim is filed within the first four weeks, it is automatically antedated to the first date of eligibility.		If an application for EI benefits was not filed within the first four weeks after the week in which the claimant experienced their interruption of earnings, they can ask that the claim be antedated back to the first date when it could have been filed under s. 10(4). The claimant must establish that good cause existed for the delay in filing. “Good cause” must be demonstrated for each day until the date the application was actually made. If the claim is filed within the first four weeks, it is automatically antedated to the first date of eligibility.
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	:In ''[https://www.canlii.org/en/ca/fca/doc/2012/2012fca139/2012fca139.html?resultIndex=1 Attorney General v Burke]'', 2012 FCA 139, a claimant asked for his application to be backdated because he had expected to be rehired and hence did not apply for EI until after the regular deadline. The Federal Court of Appeal upheld the previous decisions granting an antedate on the basis that the claimant had done what a reasonable person would do.		:In ''[https://www.canlii.org/en/ca/fca/doc/2012/2012fca139/2012fca139.html?resultIndex=1 Attorney General v Burke]'', 2012 FCA 139, a claimant asked for his application to be backdated because he had expected to be rehired and hence did not apply for EI until after the regular deadline. The Federal Court of Appeal upheld the previous decisions granting an antedate on the basis that the claimant had done what a reasonable person would do.

	== C. Income That is Treated as Earnings ==		== B. Income That is Treated as Earnings ==

	Section 35(2) of the ''EI Regulations'' defines what will be considered earnings for EI purposes.		Section 35(2) of the ''EI Regulations'' defines what will be considered earnings for EI purposes.
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	Although the claimant will need to wait until the received funds are exhausted before being eligible to receive benefits, '''they must still apply for EI immediately'''. In such cases, the benefit period will be extended to make up for the weeks it takes to use up these earnings.		Although the claimant will need to wait until the received funds are exhausted before being eligible to receive benefits, '''they must still apply for EI immediately'''. In such cases, the benefit period will be extended to make up for the weeks it takes to use up these earnings.

	== D. Income That Is Not Treated as Earnings ==		== C. Income That Is Not Treated as Earnings ==

	Section 35(7) of the ''EI Regulations'' exempts certain sources of income from being regarded as earnings. These include:		Section 35(7) of the ''EI Regulations'' exempts certain sources of income from being regarded as earnings. These include:
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	:'''Note''': Retirement pensions are generally considered income and are deducted from EI benefits. However, if the claimant accumulates all the hours needed to qualify for EI after the date their pension starts, then their pension money will not be deducted from their EI benefits (see ''EI Regulations'', s. 35(7)(e)).		:'''Note''': Retirement pensions are generally considered income and are deducted from EI benefits. However, if the claimant accumulates all the hours needed to qualify for EI after the date their pension starts, then their pension money will not be deducted from their EI benefits (see ''EI Regulations'', s. 35(7)(e)).

	== E. The Waiting Period ==		== D. The Waiting Period ==

	Before receiving any EI benefits, a claimant must serve a one week “waiting period” during which they are unemployed and otherwise eligible for benefits (''EI Act'', s. 13).		Before receiving any EI benefits, a claimant must serve a one week “waiting period” during which they are unemployed and otherwise eligible for benefits (''EI Act'', s. 13).
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	This waiting period also applies to maternity, parental, caregiver, and sickness claims. For caregiver benefits, it can be deferred for the second family member if benefits are split, but the first person must serve it. If a claimant works during the waiting period, 100 percent of their earnings will be deducted from the first three (and no more than three) weekly benefit cheques.		This waiting period also applies to maternity, parental, caregiver, and sickness claims. For caregiver benefits, it can be deferred for the second family member if benefits are split, but the first person must serve it. If a claimant works during the waiting period, 100 percent of their earnings will be deducted from the first three (and no more than three) weekly benefit cheques.

	== F. Length of Benefit Period ==		== E. Length of Benefit Period ==

	The benefit period for regular EI benefits is 52 weeks (''EI Act'', s. 10(2)). However, this period can sometimes be extended to more than 52 weeks. The criteria for this is set out in s. 10(10) of the ''EI Act''. The benefit period can be extended when a claimant proves that, for any week during that benefit period, the claimant was not entitled to benefit by reason of:		The benefit period for regular EI benefits is 52 weeks (''EI Act'', s. 10(2)). However, this period can sometimes be extended to more than 52 weeks. The criteria for this is set out in s. 10(10) of the ''EI Act''. The benefit period can be extended when a claimant proves that, for any week during that benefit period, the claimant was not entitled to benefit by reason of:
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	* receiving payments under a provincial law on the basis of having ceased to work because continuing to work would have entailed danger to the claimant, their unborn child, or a child they are breast-feeding. '''BC residents are not entitled to these payments, this does not apply'''.		* receiving payments under a provincial law on the basis of having ceased to work because continuing to work would have entailed danger to the claimant, their unborn child, or a child they are breast-feeding. '''BC residents are not entitled to these payments, this does not apply'''.

	== G. Payment of Regular Benefits ==		== F. Payment of Regular Benefits ==

	Where a benefit period for '''regular benefits''' has been established for a claimant, benefits may be paid to the claimant for each week of unemployment that falls in the benefit period, subject to the maximum benefit periods established in the ''EI Act'', section 12.		Where a benefit period for '''regular benefits''' has been established for a claimant, benefits may be paid to the claimant for each week of unemployment that falls in the benefit period, subject to the maximum benefit periods established in the ''EI Act'', section 12.
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	Refer to Canada’s [http://srv129.services.gc.ca/eiregions/eng/canada.aspx EI Economic Region map] to determine whether the claimant was living in one of the economic regions.		Refer to Canada’s [http://srv129.services.gc.ca/eiregions/eng/canada.aspx EI Economic Region map] to determine whether the claimant was living in one of the economic regions.

	== H. Termination of Benefit Period ==		== G. Termination of Benefit Period ==

	Once a benefit period is established, it continues to run, regardless of whether the claimant has resumed employment (although full benefits will not be paid in this case), unless the benefit period is terminated.		Once a benefit period is established, it continues to run, regardless of whether the claimant has resumed employment (although full benefits will not be paid in this case), unless the benefit period is terminated.

LSLAP: /* F. Length of Benefit Period */

2025-09-28T18:52:47Z

F. Length of Benefit Period

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	* receiving workers’ compensation payments for an illness or injury; or		* receiving workers’ compensation payments for an illness or injury; or
	* receiving payments under a provincial law on the basis of having ceased to work because continuing to work would have entailed danger to the claimant, their unborn child, or a child they are breast-feeding. '''BC residents are not entitled to these payments, this does not apply'''.		* receiving payments under a provincial law on the basis of having ceased to work because continuing to work would have entailed danger to the claimant, their unborn child, or a child they are breast-feeding. '''BC residents are not entitled to these payments, this does not apply'''.

	~~The length of any benefit period extended for these reasons cannot exceed 104 weeks (''EI Act'', s. 10(14)).~~

	== G. Payment of Regular Benefits ==		== G. Payment of Regular Benefits ==

LSLAP: /* D. Income That Is Not Treated as Earnings */

2025-09-25T22:09:09Z

D. Income That Is Not Treated as Earnings

← Older revision		Revision as of 22:09, 25 September 2025
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	For more details, see section 35(7) of the ''EI Regulations''.		For more details, see section 35(7) of the ''EI Regulations''.

	Cases suggest that in certain circumstances some earnings may not delay the start of an EI claim. In [https://www.canlii.org/en/ca/fca/doc/2005/2005fca363/2005fca363.html?autocompleteStr=Attorney%20General%20of%20Canada%20v%20Bielich%2C%202005%20FCA%20363&autocompletePos=1 ''Attorney General of Canada v Bielich'', 2005 FCA 363], the court allowed a $24,000 payment to be exempted from the claimant’s allocation of earnings because the purpose of the payment was to compensate the claimant for giving up his right to seek reinstatement, not to compensate for lost pay.		Cases suggest that in certain circumstances some earnings may not delay the start of an EI claim. In ''[https://www.canlii.org/en/ca/fca/doc/2005/2005fca363/2005fca363.html?autocompleteStr=Attorney%20General%20of%20Canada%20v%20Bielich%2C%202005%20FCA%20363&autocompletePos=1 Attorney General of Canada v Bielich]'', 2005 FCA 363, the court allowed a $24,000 payment to be exempted from the claimant’s allocation of earnings because the purpose of the payment was to compensate the claimant for giving up his right to seek reinstatement, not to compensate for lost pay.

	:'''Note''': Retirement pensions are generally considered income and are deducted from EI benefits. However, if the claimant accumulates all the hours needed to qualify for EI after the date their pension starts, then their pension money will not be deducted from their EI benefits (see ''EI Regulations'', s. 35(7)(e)).		:'''Note''': Retirement pensions are generally considered income and are deducted from EI benefits. However, if the claimant accumulates all the hours needed to qualify for EI after the date their pension starts, then their pension money will not be deducted from their EI benefits (see ''EI Regulations'', s. 35(7)(e)).

LSLAP: /* B. Antedating */

2025-09-25T22:06:13Z

B. Antedating

← Older revision		Revision as of 22:06, 25 September 2025
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	:'''What is “Good Cause”?''' Good cause has typically been interpreted narrowly. Simple ignorance of the requirements of the EI Act has not been considered good cause, though reasonable reliance on bad advice from the employer, union, a legal advisor, or the Commission itself usually meets the requirements.		:'''What is “Good Cause”?''' Good cause has typically been interpreted narrowly. Simple ignorance of the requirements of the EI Act has not been considered good cause, though reasonable reliance on bad advice from the employer, union, a legal advisor, or the Commission itself usually meets the requirements.

	:In [https://www.canlii.org/en/ca/fca/doc/2012/2012fca139/2012fca139.html?resultIndex=1 ''Attorney General v Burke'', 2012 FCA 139], a claimant asked for his application to be backdated because he had expected to be rehired and hence did not apply for EI until after the regular deadline. The Federal Court of Appeal upheld the previous decisions granting an antedate on the basis that the claimant had done what a reasonable person would do.		:In ''[https://www.canlii.org/en/ca/fca/doc/2012/2012fca139/2012fca139.html?resultIndex=1 Attorney General v Burke]'', 2012 FCA 139, a claimant asked for his application to be backdated because he had expected to be rehired and hence did not apply for EI until after the regular deadline. The Federal Court of Appeal upheld the previous decisions granting an antedate on the basis that the claimant had done what a reasonable person would do.

	== C. Income That is Treated as Earnings ==		== C. Income That is Treated as Earnings ==