Employment Insurance Act - Canada

Employment Insurance Act of 20 June 1996

The Act is administered by the Canada Employment Insurance Commission, and provides for the payment of benefits to unemployed Canadians who meet certain conditions. It was fully implemented in January 1997. The Act contains some provisions relevant to equal employment opportunity policies.

Part I deals with unemployment benefits. According to s.10 (10)(d), a claimant’s unemployment benefit period is extended by the aggregate of any weeks during the benefit period for which the claimant proves that she was not entitled to benefits because she was in receipt of payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the claimant, her unborn child or a child whom she was breast-feeding. Section 12 deals with the maximum number of weeks for which benefits may be paid in a benefit period. Subject to exceptions, this maximum is fixed at 15 weeks when the claimant is pregnant, and 10 weeks when the claimant is caring for one or more new-born or adopted children.

Concerning pregnancy and in accordance with s. 22, benefits are payable to a claimant for each week of unemployment for the period that begins the eight weeks before the week her confinement is expected or the week in which her confinement occurs (if earlier), and that ends 17 weeks after the week in which her confinement is expected and the week in which the confinement occurs (if later). An extension period of up to 52 weeks is possible if the new-born child is hospitalized.

Parental benefits are determined under s. 23. These benefits are payable for each week of unemployment in the period that begins with the week of the birth or of the placement with the claimant for the purpose of adoption, and ends 52 weeks later.

When the claimant has one or more dependent children, the rate of weekly benefits is increased if the claimant meets the low-income family eligibility criteria defined in s. 16.

(A complete explanation of maternity and parental benefits is offered by Human Resources Development Canada).

"Just causes" for voluntarily leaving employment occurs when a claimant has no reasonable alternative to leaving having regard to the circumstances, including inter alia sexual or other harassment, obligation to accompany a spouse or dependent children to another residence, discrimination on a prohibited ground, and obligation to care for a child or another member of the immediate family (s. 29(c)).

Among its duties, the Canada Employment Insurance Commission may establish employment benefits, notably to provide insured participants with employment opportunities, and to help them obtain skills for employment (s. 59). It must also maintain a national employment service to provide information on employment opportunities (s. 60 (1).). Furthermore, it must ensure that in referring a worker seeking employment there will be no discrimination on a prohibited ground within the meaning of the Canadian Human Rights Act (s. 60 (2)(b).).