Will my old unemployment benefits rules still apply if my claim started before the changes in 2017?

Jurisdiction: Canada • Practice Area: Employment Law • Responsible editor: Cong Ho• Published October 25, 2026

The situation

I am currently living in Canada and trying to sort out some issues with my unemployment payments. I have been working at the same factory for over fifteen years, so I was always quite proud of my long tenure there. My current benefit period actually started back in May 2017, which was a few months before the big changes to the employment laws happened in July of that year. I have been receiving my regular pay cheque every fortnight, but I just received a notice from the government office saying that some of the rules regarding how my benefits are calculated might have changed because of the new legislation. I already called the helpline to ask about it, but the person on the phone was quite unhelpful and just told me to read the manual online, which is very confusing. I am worried that because my claim was already active before July 9, 2017, they are going to try and apply the new, stricter rules to my situation instead of the ones that were in place when I first applied. I need to know if I am still protected by the old definitions and rules for people who have been working for a long time, or if I am stuck with the new system now.

Quick Summary

Yes, you are likely protected by the older rules. Because your benefit period started in May 2017, which is before the July 9, 2017 changes, certain old definitions and rules continue to apply to you.

Detailed Analysis

Based on the facts you provided, your benefit period began in May 2017. This date is important because it falls before the legislative changes that took effect on July 9, 2017. Under the Employment Insurance Act, there are specific protections for people whose claims were already active before the law changed. Specifically, the law states that "the following provisions... as those provisions read immediately before July 9, 2017, continue to apply in respect of a claimant... whose benefit period... began before that day and has not ended before that day" [cite:ca-ei-act-sec225]. This means that if your benefit period started in May 2017 and has not yet finished, you are not automatically moved to the new system for everything. For your specific situation regarding your long tenure at the factory, the law explicitly protects your status. The Act specifies that the "definition long-tenured worker in subsection 2(1)" [cite:ca-ei-act-sec225] continues to apply to you. A 'long-tenured worker' is a legal term used to describe someone who has worked for a long time, which seems to match your fifteen-year history. Because the law protects this specific definition, the government should be using the old rules to calculate your benefits based on your long history, rather than the new, stricter rules they mentioned in your notice. While the notice you received says rules might have changed, the law provides these 'transitional' protections to ensure people like you aren't unfairly penalized by new legislation that was passed after your claim was already underway [cite:ca-ei-act-sec225]. Please note that federal laws govern employment insurance, but state, provincial, or local laws may add further rules regarding employment rights.

Statutory Citations

Legal Citation: Employment Insurance Act § S.C. 1996, c. 23, s. 225 — Provisions continue to apply
"The following provisions of the Employment Insurance Act , as those provisions read immediately before July 9, 2017, continue to apply in respect of a claimant... whose benefit period... began before that day and has not ended before that day: (a) the definition long-tenured worker in subsection 2(1)"
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Legal Citation: Employment Insurance Act § S.C. 1996, c. 23, s. 159 — Benefit periods beginning before this section comes into force
"all matters relating to a claim for benefits during a benefit period beginning before the Unemployment Insurance Act... is repealed shall be dealt with under that Act"
View Official Legislation →

Important Legal Disclaimer

General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.

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