Employment Insurance Act

Marginal note:Eligibility

• 153.9 (1) A claimant is eligible for the employment insurance emergency response benefit

  • (a) if they

    • (i) reside in Canada,

    • (ii) are at least 15 years of age,

    • (iii) have insurable earnings of at least $5,000 in 2019 or in the 52 weeks preceding the day on which they make the claim under section 153.8,

    • (iv) whether employed or self-employed, cease working for at least seven consecutive days within the two-week period in respect of which they claimed the benefit, and

    • (v) have no income from employment or self-employment in respect of the consecutive days on which they cease working;

  • (b) if they are a claimant referred to in paragraph 153.5(2)(b) and they have no income from employment or self-employment for at least seven consecutive days within the two-week period in respect of which they claimed the benefit; or

  • (c) if they are a claimant referred to in paragraph 153.5(2)(c) or (d) and they

    • (i) reside in Canada,

    • (ii) are at least 15 years of age,

    • (iii) have insurable earnings of at least $5,000 in 2019 or within the 52 weeks preceding the day on which they make the claim under section 153.8, and

    • (iv) have no income from employment or self-employment for at least seven consecutive days within the two-week period in respect of which they claimed the benefit.

• Marginal note:Ineligibility

  (2) A claimant is not eligible if,

  • (a) they receive, under this Act, a benefit other than the employment insurance emergency response benefit;

  • (b) they receive allowances, money or other benefits paid under a provincial plan

    • (i) because of pregnancy, or

    • (ii) because the claimant is caring for one or more of their new-born children, or one or more children placed with them for the purpose of adoption;

  • (c) they receive an income support payment under the Canada Emergency Response Benefit Act; or

  • (d) they receive a Canada emergency student benefit under the Canada Emergency Student Benefit Act.

• Marginal note:Subsequent ineligibility

  (2.1) A claimant is not eligible if a benefit period established for the claimant — including a benefit period established in respect of benefits payable under Part VIII — begins after the claimant received an employment insurance emergency response benefit or an income support payment under the Canada Emergency Response Benefit Act.

• Marginal note:Exclusion

  (3) A claimant does not cease working for the purpose of subsection (1) if they leave their employment voluntarily.

• Marginal note:Exception — employment, self-employment and income

  (4) If a claimant receives income, whether from employment or self-employment, the total of which does not exceed $1,000 over a period of four weeks that succeed each other in chronological order but not necessarily consecutively and in respect of which the employment insurance emergency response benefit is paid, the claimant is deemed to meet the requirements of subparagraphs (1)(a)(iv) and (v), of paragraph (1)(b) or of subparagraph (1)(c)(iv), as the case may be.

• Marginal note:Receipt of income support payment

  (5) If, for any week, a claimant received an employment insurance emergency response benefit for which they were not eligible by reason only of paragraph (2)(c), the claimant, despite that paragraph, is deemed to have been eligible for the benefit unless the Commission has, under subsection 15(2) of the Canada Emergency Response Benefit Act, informed the Minister, as defined in section 2 of that Act, that subsection 15(1) of that Act should not apply in respect of the claimant.

• Marginal note:Receipt of Canada emergency student benefit

  (6) If, for any week, a claimant received an employment insurance emergency response benefit for which they were not eligible by reason only of paragraph (2)(d), the claimant, despite that paragraph, is deemed to have been eligible for the benefit unless the Commission has, under subsection 15.1(2) of the Canada Emergency Student Benefit Act, informed the Minister, as defined in section 2 of that Act, that subsection 15.1(1) of that Act should not apply in respect of the claimant.