Quantifying Employment Insurance Benefits (8:VI): Difference between revisions

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{{REVIEWED LSLAP | date= 1 August 2025}}
{{LSLAP Manual TOC|expanded = EI}}
{{LSLAP Manual TOC|expanded = EI}}


== A. Benefit Rate ==
== A. Benefit Rate ==


The benefit rate is set out in s 14 of the ''EI Act''. It is:
Section 14 of the ''EI Act'' outlines the benefit rate, which is typically 55% of the claimant’s weekly insurable earnings, subject to a maximum limit.
*55% of the worker’s weekly insurable earnings (see next section)
*If (1) the claimant or the spouse of the claimant has dependants and (2) the benefit rate of 55 percent amounts to less than $225 a week or the  family income is less than $25,921, then the claimant may also be entitled to a family supplement.  


The current ceiling for the maximum weekly benefits is $537 per week. Always check Service Canada’s “Employment Insurance Regular Benefits” webpage to ensure this information is up-to-date at http://www.servicecanada.gc.ca/eng/sc/ei/sew/weekly_benefits.shtml. Effective January 1, 2016, the maximum yearly insurable amount is $50,800.
As of January 1, 2024, the maximum yearly insurable amount has been set at $63,200.


== B. Weekly Insurable Earnings ==
== B. Weekly Insurable Earnings ==
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=== 1. The Calculation Period ===
=== 1. The Calculation Period ===


The calculation period is the number of weeks, consecutive or not, determined based on the applicable regional rate of unemployment as below, in which the claimant received the highest insurable earnings.
The calculation period is the number of weeks in which the claimant received the highest insurable earnings. The weeks do not have to be consecutive, and their number is determined by the claimant’s regional rate of unemployment.


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=== 2. Insurable Earnings ===
Insurable earnings include:
*Insurable earnings from insurable employment including employment that has not ended
*Insurable earnings paid or payable to the claimant during the qualifying period by reason of lay-off or separation from employment, unless the lay-off or separation from employment occurred during the qualifying period.


== C. Effect of Earnings ==
== C. Effect of Earnings ==


The benefit payable to a claimant may be reduced if the claimant has “earnings” during the benefit period. It may be possible both to work part-time and receive EI benefits at the same time, but all income must be reported on the report cards.
A claimant may work while receiving EI, however their benefits will be reduced. Under the “Working While on Claim” program, a threshold is set at 90% of the claimant’s weekly insurable earnings. For every dollar they earn below that threshold, their EI benefits are reduced by 50 cents. Above the threshold, EI benefits are deducted dollar-for-dollar.  
 
The Employment Insurance (EI) Working While on Claim pilot project is a way to help claimants stay connected with the labour market (EIR ss 77.95-77.96). The three-year pilot project began August 5, 2012, ran until August 1, 2015 and was extended to August 6, 2016.  The government’s 2016 budget proposes to extend this pilot project to August 2018.  It applies to claimants earning money while collecting any of the following types of EI benefits:
*regular benefits
*fishing benefits
*parental benefits
*compassionate care benefits
 
As soon as a claimant completes the two-week EI waiting period, the pilot project will automatically apply to any money the claimant earns while the claimant is collecting EI benefits.
 
'''How it works'''
 
The Commission sets a threshold which is 90% of the claimant weekly insurable earnings. Below this threshold, for every dollar a claimant earns 50 cents will be deducted from their benefits. Above this threshold, a dollar of benefits will be deducted for every dollar earned.
 
Example from Service Canada Website:
 
Christine’s weekly insurable earnings are $800. Her earnings threshold would therefore be $720 ($800 x .90  =  $720). If Christine is collecting EI benefits based on weekly insurable earnings of $800, the equivalent of 50% would be deducted from her earnings and EI benefits, until those earnings reach $720 (the earnings threshold). Any money Christine earns in addition to the $720 (the earnings threshold) will be deducted from her EI benefits dollar for dollar.
'''
Important reminders'''
 
If a claimant is receiving EI sickness benefits or EI maternity benefits, this pilot project does not apply. Any earnings the claimant has will continue to be deducted dollar for dollar from benefits. If the claimant works a full working week, the claimant will not receive any EI benefits, regardless of the amount the claimant earns.
 
'''What if the claimant works or lives outside Canada?'''
 
If the claimant is living in the United States and works in  Canada, or if the claimant crossed the Canada–United States border between the  claimant’s residence and workplace and the claimant is receiving EI benefits, this pilot project will apply. Visit the Employment Insurance  and Workers and/or Residents outside Canada Web page for more information.
 
http://www.servicecanada.gc.ca/eng/ei/claimpilot/index.shtml


=== 1. Earnings During the Waiting Period ===
=== 1. Earnings During the Waiting Period ===
All earnings during the waiting period are deducted dollar-for-dollar from the benefits payable in respect of the first three weeks for which benefits are otherwise payable. There is thus little incentive to work during the waiting period.


All earnings during the waiting period are deducted dollar for dollar from the benefits payable in respect of the first three weeks for which benefits are otherwise payable. There is thus little incentive to work during the waiting period. 
=== 2. Earnings of Sick or Pregnant Claimants under Supplemental Unemployment Benefit Plan ===
 
=== 2. Earning of Sick Claimants ===
 
In contrast to regular claimants, all “earnings” are deducted, dollar for dollar, for claimants receiving sickness benefits – whether they are earned during the waiting period or afterward. (s 21(3)).
 
=== 3. Earnings of Parental Claimants ===


Claimants receiving parental benefits are entitled to claim an exemption of earnings (See [[{{PAGENAME}}#C. Effect of Earnings |  Section V.C: Effect of Earnings]])
Amounts paid to the claimant during periods of illness or pregnancy under an approved Supplemental Unemployment Benefit plan will not be deducted from EI benefits. These plans allow the employer to “top up” the regular EI benefits without reductions.


=== 4. Earnings of Sick or Pregnant Claimants under Supplemental Employment Benefit Plans ===
Individual Supplemental Unemployment Benefit plans must be approved by the Commission, which ensures that they meet the requirements of s. 37(2) of the ''EI Regulations''.


Amounts paid to the claimant during periods of illness or pregnancy under an approved Supplemental Employment Benefit plan will not be deducted from EI benefits. These plans allow the employer to “top up” the regular EI benefits without reductions.  
An employee normally benefits from these plans while drawing EI benefits. If the worker is ineligible for EI, they may still qualify for Supplemental Unemployment Benefits that do not count as earnings for the purpose of determining waiting periods.


Supplemental Employment Benefit plans are designed to help employers retain and provide for employees in seasonal industries, or industries that experience hiring and layoff “surges”. These plans are authorized under s 37 of the ''EI Regulations''. Individual Supplemental Employment  Benefit plans must be  approved by  the  Commission,  which ensures  that  they meet the requirements of s 37(2). 


An employee normally benefits from these plans while drawing EI benefits. If the worker is ineligible for EI, he or she may still qualify for  Supplemental Employment Benefits that do not count as earnings for the purpose of determining waiting periods.
{{LSLAP Manual Navbox|type=chapters8-14}}

Latest revision as of 19:08, 13 October 2025

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 1 August 2025.



A. Benefit Rate

Section 14 of the EI Act outlines the benefit rate, which is typically 55% of the claimant’s weekly insurable earnings, subject to a maximum limit.

As of January 1, 2024, the maximum yearly insurable amount has been set at $63,200.

B. Weekly Insurable Earnings

A claimant’s weekly insurable earnings are their insurable earnings in the calculation period divided by the number of weeks in the calculation period.

1. The Calculation Period

The calculation period is the number of weeks in which the claimant received the highest insurable earnings. The weeks do not have to be consecutive, and their number is determined by the claimant’s regional rate of unemployment.

Regional Rate of Unemployment Number of Weeks
not more than 6% 22
more than 6% but not more than 7% 21
more than 7% but not more than 8% 20
more than 8% but not more than 9% 19
more than 9% but not more than 10% 18
more than 10% but not more than 11% 17
more than 11% but not more than 12% 16
more than 12% but not more than 13% 15
more than 13% 14

C. Effect of Earnings

A claimant may work while receiving EI, however their benefits will be reduced. Under the “Working While on Claim” program, a threshold is set at 90% of the claimant’s weekly insurable earnings. For every dollar they earn below that threshold, their EI benefits are reduced by 50 cents. Above the threshold, EI benefits are deducted dollar-for-dollar.

1. Earnings During the Waiting Period

All earnings during the waiting period are deducted dollar-for-dollar from the benefits payable in respect of the first three weeks for which benefits are otherwise payable. There is thus little incentive to work during the waiting period.

2. Earnings of Sick or Pregnant Claimants under Supplemental Unemployment Benefit Plan

Amounts paid to the claimant during periods of illness or pregnancy under an approved Supplemental Unemployment Benefit plan will not be deducted from EI benefits. These plans allow the employer to “top up” the regular EI benefits without reductions.

Individual Supplemental Unemployment Benefit plans must be approved by the Commission, which ensures that they meet the requirements of s. 37(2) of the EI Regulations.

An employee normally benefits from these plans while drawing EI benefits. If the worker is ineligible for EI, they may still qualify for Supplemental Unemployment Benefits that do not count as earnings for the purpose of determining waiting periods.


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