Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)

Marginal note:Receipt of benefits, allowances or money

• 15 (1) If, for any four-week period, the Minister determines that a worker received an income support payment for which they were not eligible by reason only that they received one or more payments of benefits, allowances or money referred to in subparagraph 6(1)(b)(ii) or (iii), the Minister is deemed to have determined under subsection 12(2) that the amount that the worker must repay under subsection 12(1) is the amount determined by the formula

  $2,000 × (A ÷ 4)

  where

  A

  is the number of weeks for which the worker received such benefits, allowances or money during that four-week period.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of an employment insurance emergency response benefit received by the worker if the Canada Employment Insurance Commission informs the Minister that subsection (1) should not apply in respect of that benefit and, if the Commission does so, the worker is, despite subparagraph 6(1)(b)(ii), deemed to have been eligible to receive the income support payment.

Marginal note:Receipt of benefits, allowances or money

• 15.1 (1) If, for any four-week period, the Minister determines that a student received a Canada emergency student benefit for which they were not eligible by reason only that they received one or more payments of benefits, allowances or money referred to in subparagraph 6(1)(b)(ii) or (iii), the Minister is deemed to have determined under subsection 13(2) that the amount that the worker must repay under subsection 13(1) is, despite subsection 13(1), the amount determined by the formula

  A × (B ÷ 4)

  where

  A

  is

  • (a) $2,000, in the case of a student with a dependant or a student with a disability, and

  • (b) $1,250, in any other case; and

  B

  is the number of weeks for which the student received such benefits, allowances or money during that four-week period.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of an employment insurance emergency response benefit received by the student if the Canada Employment Insurance Commission informs the Minister that subsection (1) should not apply in respect of that benefit and, if the Commission does so, the student is, despite subparagraph 6(1)(b)(ii), deemed to have been eligible to receive the income support payment.

• 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.

• (c) receiving assistance under an employment support measure other than one referred to in paragraph 59(c) or (d); or

• Marginal note:Earnings and allowances from employment support measures, courses and programs

  (4) Earnings from employment under an employment support measure other than one referred to in paragraph 59(c) or (d) and earnings or allowances payable to a claimant for attending a course or program of instruction or training shall not be deducted under this section except in accordance with the regulations.

Courses, Programs and Employment Support Measures

Marginal note:Benefits are not earnings

26 For the purposes of this Part, Part IV, the Income Tax Act and the Canada Pension Plan, benefits paid to a claimant while employed under an employment support measure — other than one referred to in paragraph 59(c) or (d) — or under a measure that is the subject of an agreement under section 63 are not earnings from employment.

• (a) the Commission or an authority that the Commission designates has, with the agreement of the claimant, referred the claimant to a course or program of instruction or training or to any other employment activity for which assistance has been provided under an employment support measure other than one referred to in paragraph 59(c); and

Employment Support Measures and National Employment Service

Marginal note:Purpose

56 The purpose of this Part is to help maintain a sustainable employment insurance system through the establishment of employment support measures and the maintenance of a national employment service.

• (a) an insured person who requests assistance under an employment support measure and, when requesting the assistance, is a person for whom a benefit period is established or whose benefit period has ended within the previous 60 months or a person who paid, in at least 3 of the last 10 years, employee’s premiums that did not entitle them to a refund under subsection 96(4); and

• (b) an insured person who requests assistance under an employment support measure and, when requesting assistance, is a person who was in receipt of the employment insurance emergency response benefit within the previous 60 months.

Marginal note:Employment support measures

59 The Commission may establish employment support measures to help insured participants and other workers, including workers in groups underrepresented in the labour market, to obtain or keep employment, including measures to

• (a) provide insured participants with courses or programs of instruction or training;

• (b) provide insured participants with employment opportunities or provide employment support;

• (c) provide workers with employment assistance services; and

• (d) support research, innovation or partnerships related to helping workers to prepare for, obtain or keep employment and to be productive participants in the labour market.

Marginal note:Financial assistance

61 The Commission may, in accordance with terms and conditions approved by the Treasury Board, provide financial assistance for the purpose of implementing employment support measures.

Marginal note:Agreements for administering employment support measures

62 The Commission may, with the approval of the Minister, enter into an agreement or arrangement for the administration of employment support measures on its behalf by a department, board or agency of the Government of Canada, another government or government agency in Canada or any other public or private organization.

• (a) any costs of measures implemented by the government, government agency or organization that are consistent with the purpose and guidelines of this Part; and

• (b) any administration costs that the government, government agency or organization incurs in implementing the measures.

Marginal note:No appeal

64 A decision of the Commission made in relation to employment support measures, other than a decision under section 65.1, is not subject to review under section 112.

• (b) all amounts paid under section 61 for employment support measures;

• Marginal note:General maximum — exception for seasonal workers

  (2.3) Despite subsection (2), the maximum number of weeks for which benefits may be paid in a benefit period to a claimant because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table set out in Schedule V by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period if

  • (a) the following conditions are met:

    • (i) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 28, 2023,

    • (ii) on the date on which the benefit period is established, the claimant is ordinarily resident in a region described in Schedule VI,

    • (iii) in the 260 weeks before the date on which the benefit period referred to in subparagraph (i) begins, at least three benefit periods were established during which regular benefits were paid or payable, and

    • (iv) at least two of the benefit periods referred to in subparagraph (iii) began around the same time of year as the benefit period referred to in subparagraph (i) began; or

  • (b) the conditions referred to in subparagraphs (a)(i) and (ii) are met and the claimant had met the criteria set out in paragraphs 77.992(2)(b) to (d) of the Employment Insurance Regulations — taking into account subsections 77.992(3) and (4) of those Regulations — in respect of a benefit period established for the claimant on a date within the period referred to in paragraph 77.992(2)(a) of those Regulations.

• Marginal note:Establishment of benefit period — presumption

  (2.4) For the purposes of subparagraph (2.3)(a)(iii), a claimant’s benefit period established before the beginning of the 260-week period is considered to have been established within the 260-week period if the claimant received a notification of payment or non-payment with respect to any week that falls within that 260-week period.

• Marginal note:Beginning of benefit period — presumption

  (2.5) For the purposes of subparagraph (2.3)(a)(iv), a benefit period in a previous year is considered to have begun around the same time of year if it began during the period that begins eight weeks before and ends eight weeks after the week that is

  • (a) 52 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);

  • (b) 104 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);

  • (c) 156 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);

  • (d) 208 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i); or

  • (e) 260 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i).