Employment Insurance Act (S.C. 1996, c. 23)

Marginal note:Accessory orders

153.4 The Minister may make orders for the purpose of ensuring that interim orders made under subsection 153.3(1) only have temporary effect, including orders that repeal any provision added under paragraph 153.3(1)(a).

PART VIII.4Employment Insurance Emergency Response Benefit

Interpretation

Marginal note:Definitions

• 153.5 (1) In this Part,

  • (a) COVID-19 means the coronavirus disease 2019;

  • (b) [Repealed, SOR/2020-188, s. 1]

  • (c) initial claim for benefits has the same meaning as in subsection 6(1).

• Marginal note:Definition of Claimant

  (2) For the purposes of this Part, claimant means a person

  • (a) who ceases working, whether employed or self-employed, for reasons related to COVID-19;

  • (b) who could have had a benefit period established on or after March 15, 2020 with respect to any of the benefits referred to in paragraph (3)(a);

  • (c) who is unable to start working for reasons related to COVID-19 and to whom, at any time during the period beginning on December 29, 2019 and ending on October 3, 2020, at least one benefit referred to in paragraph (3)(b) has been paid or was payable, if, during that period

    • (i) the established benefit period of that person with respect to those benefits has ended,

    • (ii) all of those benefits have been paid to that person, or

    • (iii) some of those benefits cannot be paid to that person by virtue of subsection 12(6); or

  • (d) who is unable to start working for reasons related to COVID-19 and to whom, at any time during the period beginning on December 29, 2019 and ending on October 3, 2020, at least one benefit referred to in paragraph (3)(c) has been paid or was payable, if, during that period

    • (i) the established benefit period of that person with respect to those benefits has ended,

    • (ii) all of those benefits have been paid to that person, or

    • (iii) some of those benefits cannot be paid to that person by virtue of subsection 8(18) of the Employment Insurance (Fishing) Regulations.

• Marginal note:Benefits referred to in paragraphs (2)(b) to (d)

  (3) The benefits referred to in paragraphs (2)(b) to (d) are

  • (a) with respect to a claimant referred to in paragraph (2)(b), benefits provided under section 152.03 or provided under Part I, other than those benefits provided under any of sections 22 to 24;

  • (b) with respect to a claimant referred to in paragraph (2)(c), benefits provided under Part I, other than those benefits provided under any of sections 21 to 24; and

  • (c) with respect to a claimant referred to in paragraph (2)(d), benefits provided under the employment insurance scheme established under Part VIII.

Application

Marginal note:Application of other provisions

• 153.6 (1) In the case of a claim made for the employment insurance emergency response benefit, the following provisions apply in respect of the employment insurance emergency response benefit, subject to the adaptations set out in subsection (2) and in sections 153.1301 to 153.13091:

  • (a) subsections 42(1) and (2) and sections 43, 44, 47, 50 and 52;

  • (b) the provisions of Part II;

  • (c) the provisions of Part III and IV;

  • (d) the provisions of Part VI, except subsections 112(3) and 114(2) and sections 115 and 140; and

  • (e) section 27 and subsections 92(1) to (5) and (8) of the Employment Insurance Regulations.

• Marginal note:Adaptation

  (2) A provision referred to in paragraph (1)(a), (d) or (e) is adapted

  • (a) to refer, in respect of claimants and the benefits to which it refers, to the claimant within the meaning of this Part and the employment insurance emergency response benefit provided under this Part;

  • (b) so that any reference, in the English version, to “entitled” and other parts of speech and grammatical forms of the same word means “eligible” under section 153.9; and

  • (c) so that any reference to the regulations made under the authority of this Act is to be read without that reference.

• Marginal note:Non-application of other provisions

  (3) No other provision of this Act or of any regulations made under it applies in respect of a claim for the employment insurance emergency response benefit unless a contrary intention appears. However, for greater certainty, the definitions set out in subsection 2(1) apply in this Part.

Employment Insurance Emergency Response Benefit

Marginal note:Payment

• 153.7 (1) An employment insurance emergency response benefit is payable to a claimant who makes a claim under section 153.8 and who is eligible for the benefit.

• Marginal note:Payments in advance

  (1.1) The Commission may pay the employment insurance emergency response benefit in advance of the customary time for paying it.

• Marginal note:Other benefits

  (2) A claimant who receives, under a provincial Act or any other provincial mechanism, a sum of money or financial aid of any type and in any form, for reasons related to COVID-19, remains eligible to receive the employment insurance emergency response benefit.

• Marginal note:Financial aid under section 63

  (3) A claimant who receives financial aid as a result of entering into an agreement referred to in section 63 remains eligible to receive the employment insurance emergency response benefit.

Marginal note:Claim

• 153.8 (1) Any claimant may, in the form and manner established by the Minister, make a claim for the employment insurance emergency response benefit for any two-week period starting on a Sunday and falling within the period beginning on March 15, 2020 and ending on October 3, 2020.

• Marginal note:Exception — week of September 27, 2020

  (1.1) Despite subsection (1), an employment insurance emergency response benefit is not payable to a claimant for the week beginning September 27, 2020 unless an employment insurance emergency response benefit was paid or payable to the claimant for any week beginning before that date.

• Marginal note:Limitation

  (2) A claim must not be made after December 2, 2020.

• Marginal note:Information

  (3) A claimant must provide the Minister with any information that the Minister may require in respect of the claim.

• Marginal note:Information — Employer

  (4) An employer must provide the Minister with any information that the Minister may require in respect of the claim.

• Marginal note:No benefit period — March 15 to September 26, 2020

  (5) For the period beginning on March 15, 2020 and ending on September 26, 2020, no benefit period is to be established with respect to any of the benefits referred to in paragraph 153.5(3)(a).

• Marginal note:No benefit period — September 27 to October 3, 2020

  (6) For the period beginning on September 27, 2020 and ending on October 3, 2020, no benefit period is to be established with respect to any of the benefits referred to in paragraph 153.5(3)(a) if

  • (a) an employment insurance emergency response benefit was paid or payable to the claimant for any week beginning before September 27, 2020; and

  • (b) the claimant has not claimed the employment insurance emergency response benefit for the maximum number of weeks referred to in section 153.11.

• Marginal note:Notification

  (7) On receiving a claim for the employment insurance emergency response benefit, the Commission shall decide whether the claimant is eligible for the benefit and whether the benefit is payable to the claimant for the two-week period in respect of which they claimed the benefit, and shall notify the claimant of its decisions in any manner that it considers adequate.

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.

Marginal note:Amount of payment

• 153.10 (1) The amount of the employment insurance emergency response benefit for a week is $500.

• Marginal note:Provincial assistance — COVID-19

  (2) For greater certainty, if a claimant receives, under a provincial Act or any other provincial mechanism, a sum of money or financial aid of any type and in any form, for reasons related to COVID-19, the weekly amount of the employment insurance emergency response benefit will not be reduced or eliminated.

• Marginal note:Rate increase — family supplement

  (3) Section 16 and subsections 152.17(1) to (4) apply, with the necessary modifications, to the amount of the employment insurance emergency response benefit.