Interim Order No. 7 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit): SOR/2020-173
Canada Gazette, Part II, Volume 154, Number 17
Registration
SOR/2020-173 August 10, 2020
EMPLOYMENT INSURANCE ACT
Whereas the Minister of Employment and Social Development may, for the purpose of mitigating the economic effects of the coronavirus disease 2019 (COVID-19), pursuant to subsection 153.3(1) footnote a of the Employment Insurance Act footnote b, make interim orders;
Whereas, pursuant to subsection 153.3(3)footnote a of that Act, the Minister of Finance consents to the making of the annexed Interim Order;
Whereas, pursuant to subsection 153.3(4)footnote a of that Act, the President of the Treasury Board consents to the making of the annexed Interim Order in respect of Part III of that Act or in respect of a regulation made under that Act for the purposes of that Part;
And whereas the Minister of Employment and Social Development has consulted with the Canada Employment Insurance Commission before making the annexed Interim Order;
Therefore, the Minister of Employment and Social Development, pursuant to section 153.3footnote a of the Employment Insurance Act footnote b, makes the annexed Interim Order No. 7 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit).
Gatineau, August 7, 2020
Carla Qualtrough
Minister of Employment and Social Development
Interim Order No. 7 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit)
Amendments
1 (1) Paragraph 153.9(2)(c) of the Employment Insurance Act footnote 1 is replaced by the following:
- (c) they receive an income support payment under the Canada Emergency Response Benefit Act.
(2) Subsection 153.9(2) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
- (d) they receive a Canada emergency student benefit under the Canada Emergency Student Benefit Act.
(3) Section 153.9 of the Act is amended by adding the following after subsection (2):
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.
2 (1) Section 153.11 of the Act is replaced by the following:
Maximum number of weeks
153.11 The maximum number of weeks for which the employment insurance emergency response benefit may be paid to a claimant is 24 minus the number of weeks, if any, for which the claimant receives an income support payment under the Canada Emergency Response Benefit Act.
(2) Section 153.11 of the Act is replaced by the following:
Maximum number of weeks
153.11 The maximum number of weeks for which the employment insurance emergency response benefit may be paid to a claimant is 24 minus the number of weeks, if any, for which the claimant receives an income support payment under the Canada Emergency Response Benefit Act or a Canada emergency student benefit under the Canada Emergency Student Benefit Act.
3 The Act is amended by adding the following before section 153.13:
End of benefit period
153.121 (1) A benefit period that was established for a claimant before March 15, 2020 — including a benefit period established in respect of benefits payable under Part VIII — ends the day before the first week for which the claimant is paid an employment insurance emergency response benefit.
Reconsideration
(2) Despite subsection (1), if, following a reconsideration carried out under section 112, a decision that results in a benefit period being established that begins before March 15, 2020 is rendered after the claimant has been paid an employment insurance emergency response benefit, the benefit period does not end and the claimant is deemed to have not been eligible for the employment insurance emergency response benefit by reason of paragraph 153.9(2)(a).
4 Section 153.1307 of the Act is replaced by the following:
Adaptation of section 112.1
153.1307 For the purposes of applying paragraph 153.6(1)(d), section 112.1 is adapted as follows:
Decision not reviewable
112.1 A decision of the Commission under section 153.1306 is not subject to review under section 112.
5 (1) The portion of section 153.14 of the Act before paragraph (a) is replaced by the following:
December 31, 2020 or repeal
153.14 A provision of this Part that is added by any of the following Interim Orders or a provision that, under any of those Interim Orders, is an adaptation of a provision of this Act or provides for the non-application of a provision of this Act ceases to apply on the earlier of December 31, 2020 and the day on which the Interim Order that enacted the provision is repealed:
(2) Section 153.14 of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):
- (g) Interim Order No. 7 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit).
6 The Act is amended by adding the following after section 153.14:
PART VIII.5
Temporary Measures to Facilitate Access to Benefits
Interpretation
Definitions
153.15 In this Part, initial claim for benefits, qualifying period and waiting period,
- (a) in the case of benefits referred to in any of sections 22 to 24, have the same meaning as in subsection 6(1); and
- (b) in the case of benefits referred to in any of sections 152.04 to 152.062, have the same meaning as in subsection 152.01(1).
Application
Employment insurance emergency response benefit or Canada emergency response benefit
153.16 Sections 153.17 to 153.191 apply only to claimants who have been paid an employment insurance emergency response benefit referred to in subsection 153.7(1) or an income support payment under the Canada Emergency Response Benefit Act.
Hours of Insurable Employment Increase
Special benefits
153.17 (1) If a claimant makes an initial claim for benefits in respect of benefits referred to in any of sections 22 to 23.3 and has fewer than 600 hours of insurable employment in their qualifying period, the number of hours of insurable employment that the claimant has in that period shall be increased by 480.
Work-sharing
(2) If a claimant makes an initial claim for benefits in respect of benefits referred to in section 24 and has, in their qualifying period, fewer than the number of hours of insurable employment that is applicable to them under paragraph 7(2)(b), the number of hours of insurable employment that the claimant has in that period shall be increased by 300.
Limitation
(3) A claimant’s number of hours of insurable employment may be increased only once, either under subsection (1) or (2).
Extension of Qualifying Period
Extension
153.18 If a claimant who makes an initial claim for benefits in respect of benefits referred to in any of sections 22 to 24 received an employment insurance emergency response benefit referred to in subsection 153.7(1) or an income support payment under the Canada Emergency Response Benefit Act during the qualifying period referred to in paragraph 8(1)(a), that qualifying period is extended by
- (a) 16 weeks, if the benefit period for that claim is established before July 5, 2020; or
- (b) 24 weeks, if the benefit period for that claim is established on or after July 5, 2020.
Benefit Period
Late claims
153.19 For the purposes of subsections 10(4) and (5) and 152.11(4) and (5), the fact that, but for sections 153.17 and 153.18, the claimant would not have qualified to receive benefits referred to in any of sections 22 to 24 and 152.04 to 152.062 is good cause for a delay in making a claim for those benefits.
Waiting Period
Special benefits and work-sharing
153.191 (1) Despite sections 13 and 152.15, the waiting period of a claimant shall be waived if the claimant makes an initial claim for benefits in respect of benefits referred to in any of sections 22 to 24 or 152.04 to 152.062.
Employer top-up plans
(2) Despite subsection (1), if a claimant is entitled to receive a payment referred to in subsection 38(1) of the Employment Insurance Regulations during their waiting period, the claimant may serve the waiting period.
Excluded earnings
(3) Despite paragraph 38(1)(a) of the Employment Insurance Regulations, if a claimant’s waiting period is waived under subsection (1), the following portion of any payments that are paid to the claimant as an insured person for the first week for which benefits are payable is excluded as earnings for the purposes of section 35 of those Regulations, namely the portion that, when combined with the portion of the claimant’s weekly benefit rate from that employment, does not exceed the sum of the portion of their weekly benefit rate and their normal weekly earnings from that employment.
Rate of Unemployment
13.1%
153.192 Despite section 17 of the Employment Insurance Regulations, the applicable rate of unemployment for the period beginning on August 9, 2020 and ending on September 5, 2020 is 13.1%, if that rate is greater than the rate that would otherwise be applicable.
Cessation of Effect
December 31, 2020 or repeal
153.193 This Part ceases to apply on the earlier of December 31, 2020 and the day on which Interim Order No. 7 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) is repealed.
Conflict
7 For greater certainty, this Interim Order applies despite any provision of the Employment Insurance Act or any of its regulations.
Coming into Force
8 (1) Subject to subsection (2), this Interim Order is deemed to have come into force at 00:00:06 a.m. on March 15, 2020.
(2) Subsections 1(2) and 2(2) are deemed to have come into force on May 1, 2020.
EXPLANATORY NOTE
(This note is not part of the Interim Order.)
Issues
As per subsection 153.3(1) of the Employment Insurance Act, the Minister of Employment and Social Development may make interim orders for the purpose of mitigating the economic effects of the coronavirus disease 2019 (COVID-19).
This Interim Order provides authorities to facilitate access to employment insurance (EI) maternity, parental, compassionate care, family caregiver or work-sharing benefits for claimants seeking to transition from the EI emergency response benefit (ERB) or Canada emergency response benefit (CERB) to these EI benefits after March 15, 2020, and before August 30, 2020. These measures include a credit of 480 hours for maternity, parental, compassionate care or family caregiver benefits claimants, and 300 hours for work-sharing claimants; an extension of the qualifying period by 16 or 24 weeks for those transitioning to EI prior to July 5, 2020, or after July 5, 2020, respectively; and waiving of the waiting period.
This Interim Order also sets a minimum unemployment rate for all EI regions that would apply for the period of August 9, 2020, until September 5, 2020, in order to facilitate access to EI regular benefits.
This Interim Order also includes amendments to prevent the payment of the EI ERB for the same period as the CERB and the Canada emergency student benefit, sets a maximum number of weeks that can be paid in total when these emergency income supports are combined, and provides authorities to govern the administration of EI benefits when claimants shift between EI benefits and the EI ERB or CERB.
This Interim Order includes a cessation of effect clause that applies to the provisions of this Interim Order. The effect of this clause is that the provisions made under this Interim Order will cease to apply on the earlier of December 31, 2020, or the day on which the Interim Order is repealed.