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

Act current to 2020-06-17 and last amended on 2020-04-24. Previous Versions

PART VIII.4Employment Insurance Emergency Response Benefit (continued)

Employment Insurance Emergency Response Benefit

Marginal note:Payment

  •  (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: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.

  • SOR/2020-61, s. 1

Marginal note:Claim

  •  (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:Limitation

    (2) A claimant is not permitted to make a claim 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.

  • SOR/2020-61, s. 1

Marginal note:Eligibility

  •  (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; or

    • (c) they receive or did receive 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.

  • SOR/2020-61, s. 1
  • SOR/2020-88, s. 3
  • SOR/2020-89, s. 3
  • SOR/2020-95, s. 2

Marginal note:Amount of payment

  •  (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.

  • SOR/2020-61, s. 1
  • SOR/2020-88, s. 4

Marginal note:Maximum number of weeks

 The maximum number of weeks for which the employment insurance emergency response benefit may be paid to a claimant is 16 weeks.

  • SOR/2020-61, s. 1

Social Insurance Number

Marginal note:Social insurance number

 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Part, the Social Insurance Number of a claimant who makes a claim under this Part.

  • SOR/2020-61, s. 1

Benefit Period

Marginal note:No reduction

 When a benefit period is being established for a claimant who has received an employment insurance emergency response benefit, in establishing the benefit period, the weeks during which the benefit was paid is not to be taken into account.

  • SOR/2020-61, s. 1

PART IXRepeals, Transitional Provisions, Related and Conditional Amendments and Coming into Force

Repeals

 [Repeals]

Transitional Provisions

National Training Act

Marginal note:Allowances

 A training allowance being paid under section 5 of the National Training Act when it is repealed may continue to be paid in accordance with that Act and the regulations made under it, as they read immediately before the repeal of that Act, until the conclusion of the course to which the allowance relates.

Marginal note:Agreements

 An agreement under section 7 of the National Training Act in effect when it is repealed continues in effect according to the terms of the agreement.

 [Repealed, 2010, c. 12, s. 2190]

Unemployment Insurance Act

Marginal note:Benefit periods beginning before this section comes into force

  •  (1) Except as otherwise provided in this section, all matters relating to a claim for benefits during a benefit period beginning before the Unemployment Insurance Act (the “former Act”) is repealed shall be dealt with under that Act, including any amendments that may be made by Bill C-31, introduced in the second session of the 35th Parliament and entitled An Act to implement certain provisions of the budget tabled in Parliament on March 6, 1996.

  • Marginal note:Appeals - written reasons not required

    (1.01) Subsection 70(2) of the former Act applies in respect of appeals under that Act except that the Tax Court of Canada need not give reasons in writing for its decision but may give reasons in writing where, in a particular case, the Court deems it advisable.

  • Marginal note:Deductions for undeclared earnings

    (1.1) Subsection 19(3) of this Act applies to claimants who fail to declare all or some of their earnings in a period determined under the regulations beginning on or after January 5, 1997, but the Commission may make deductions under subparagraph 19(3)(a)(i) on or after that date in respect of any failure to declare earnings for such a period beginning after June 30, 1996.

  • Marginal note:Deductions under subsection 19(4)

    (1.2) Subsection 19(4) of this Act applies to claimants who begin attending a course or program after the former Act is repealed.

  • Marginal note:Parental benefits

    (2) Section 23 of this Act applies in place of section 20 of the former Act to claimants claiming benefits for the care of children born or placed for adoption after that Act is repealed.

  • Marginal note:Job creation projects

    (3) Section 25 of the former Act applies only to claimants employed on job creation projects under that section when that Act is repealed.

  • Marginal note:Training

    (4) Section 26 of the former Act applies only to claimants in a course or program to which they are referred under that section before that Act is repealed.

  • (5) [Repealed, 2010, c. 12, s. 2191]

  • Marginal note:Disentitlement and disqualification

    (6) Sections 27 to 33 of this Act apply in place of sections 27 to 28.3 of the former Act in respect of events occurring after that Act is repealed that give rise to a disentitlement or disqualification under those sections and, for the purpose of applying those sections, a reference in the former Act to

    • (a) section 27 shall be read as a reference to section 27 of this Act;

    • (b) section 28 shall be read as a reference to section 29 of this Act;

    • (c) section 28.1 shall be read as a reference to section 31 of this Act;

    • (d) section 28.2 shall be read as a reference to section 32 of this Act; and

    • (e) section 28.3 shall be read as a reference to section 33 of this Act.

  • Marginal note:Application of section 145

    (7) Section 145 of this Act applies in place of section 123 of the former Act in respect of benefits paid after December 31, 1995.

  • 1996, c. 23, s. 159
  • 1998, c. 19, s. 274
  • 1999, c. 31, s. 82(F)
  • 2010, c. 12, s. 2191
 
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