Section 36 of the Employment Insurance Act provide that a claimant who loses or is unable to resume employment because of a work stoppage attributable to a labour dispute at the place where the claimant is employed, is disentitled from receiving benefits.
Section 36 Employment Insurance Act
The disentitlement is removed either when the work stoppage terminates or when the claimant becomes regularly engaged elsewhere.
Subsection 36(1) Employment Insurance Act
A claimant who is "not participating in, financing or directly interested in" the labour dispute, is not subject to a disentitlement.
Subsection 36(4) Employment Insurance Act
Where work that is commonly carried on as a separate business on separate premises is carried on by separate departments on the same premises, each department is deemed to be "a separate factory or workshop".
Subsection 36(5) Employment Insurance Act
The Commission may make regulations with respect to the disentitlement of a claimant who loses or is unable to resume part-time employment because of a work stoppage attributable to a labour dispute.
Subsection 36(2) Employment Insurance Act
The disentitlement to benefits is suspended for any period in which the claimant is otherwise entitled to benefits for any reason referred to in section 25 of the Employment Insurance Act, and where the claimant can prove that, prior to the work stoppage, he or she had anticipated being absent from work for one of those reasons and had commenced making arrangements in that regard.
Subsection 36(3) Employment Insurance Act
Section 25 Employment Insurance Act
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2009-04-28