Interim Order No. 10 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit): SOR/2020-208

Canada Gazette, Part II, Volume 154, Number 21

Registration

SOR/2020-208 September 26, 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. 10 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit).

Gatineau, September 25, 2020

Carla Qualtrough
Minister of Employment and Social Development

Interim Order No. 10 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit)

Amendments

1 The Employment Insurance Act footnote 1 is amended by adding the following after section 153.11:

Employment Insurance Operating Account

Benefit enhancements under this Act — Emergency Response Benefits

153.111 There shall be credited to the Employment Insurance Operating Account an amount determined by the Minister of Finance that corresponds to the total cost of the employment insurance emergency response benefit under this Act, including all costs related to the benefit and its administration.

2 Section 153.14 of the Act is replaced by the following:

September 25, 2021 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 September 25, 2021 and the day on which the Interim Order that enacted the provision is repealed:

3 The Act is amended by adding the following after section 153.16 :

Availability

Course, program of instruction or non-referred training

153.161 (1) For the purposes of applying paragraph 18(1)(a), a claimant who attends a course, program of instruction or training to which the claimant is not referred under paragraphs 25(1)(a) or (b) is not entitled to be paid benefits for any working day in a benefit period for which the claimant is unable to prove that on that day they were capable of and available for work.

Verification

(2) The Commission may, at any point after benefits are paid to a claimant, verify that the claimant referred to in subsection (1) is entitled to those benefits by requiring proof that they were capable of and available for work on any working day of their benefit period.

4 The Act is amended by adding the following after section 153.17:

Benefits

153.171 A claimant who qualifies to receive benefits under section 7 and who received the additional 300 hours of insurable employment under paragraph 153.17(1)(b) may make a claim for benefits under sections 21 to 23.3, even if they are not a major attachment claimant as defined in subsection 6(1).

Fishing

153.172 A claimant for whom, before the coming into force of section 153.17, a benefit period could have been established under section 8 of the Employment Insurance (Fishing) Regulations may make a request under section 112 in order to receive benefits under those Regulations rather than under section 7.

5 Section 153.191 of the Act is amended by adding the following after subsection (1):

Suspension of waiting period

(1.1) Despite sections 13 and 152.15, a claimant who receives benefits under section 21 or 152.03 need not serve a waiting period.

6 (1) Paragraph 153.192(1)(b) of the Act is replaced by the following:

(2) Subsections 153.192(2) and (3) of the Act are replaced by the following:

Self-employed persons

(2) Despite subsection 152.16(1), if a self-employed person’s benefit period begins on or after September 27, 2020 and the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52 is less than $909, the result is deemed to be $909.

Fishers

(3) Despite paragraph 8.1(a) of the Employment Insurance (Fishing) Regulations, the weekly insurable earnings of a fisher whose benefit period begins on or after September 27, 2020 are deemed to be the greater of the amount determined under that paragraph and $909.

7 The Act is amended by adding the following after section 153.192:

Medical Certificate

Suspension of medical certificate requirement — Employment Insurance Regulations

153.1921 (1) For the purpose of applying subsection 40(1) of the Employment Insurance Regulations, the requirement for a claimant to provide a medical certificate to the Commission completed by a medical doctor or other medical professional is suspended, unless otherwise indicated by the Commission.

Suspension of medical certificate requirement — special benefits

(2) For the purpose of applying any of sections 23.1, 23.2, 23.3 and 152.06 to 152.062, the Commission may suspend the requirement for a claimant to provide a medical certificate completed by a medical doctor or other medical professional.

Employment Insurance (Fishing) Regulations

Eligibility

153.1922 A fisher who does not meet the conditions under paragraph 8(2)(b) or (7)(b) of the Employment Insurance (Fishing) Regulations may receive benefits under section 8.1 of those Regulations if the fisher has received such benefits during any of the periods referred to in subparagraph 153.1923(1)(a)(ii) or (iii) or (b)(ii) or (iii).

Determined earnings

153.1923 (1) The rate of weekly benefits under section 8.1 of the Employment Insurance (Fishing) Regulations shall be calculated using the highest of the following earnings:

Benefit period

(2) A fisher may have a benefit period established once under paragraph (1)(a) and once under paragraph (1)(b).

Qualifying period

153.1924 For the purposes of the Employment Insurance (Fishing) Regulations, the earnings determined under subsection 153.1923(1) are the insurable earnings for the qualifying period.

Access to special benefits

153.1925 Despite subsection 12(1) of the Employment Insurance (Fishing) Regulations, an insured person who is not qualified to receive benefits under section 7 and who is claiming special benefits qualifies to receive the special benefits if the person has at least $2,500 of insurable earnings from employment as a fisher in their qualifying period.

Conflict

8 For greater certainty, this Interim Order applies despite any provision of the Employment Insurance Act or any of its regulations.

Coming into Force

9 (1) Subject to subsection (2), this Interim Order is deemed to have come into force at 00:00:08 on March 15, 2020.

(2) Sections 1 and 3 to 7 come into force at 00:00:01 on September 27, 2020.

EXPLANATORY NOTE

(This note is not part of the 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 related to the transition from the Employment Insurance (EI) Emergency Response Benefit (ERB) to EI. It allows the Minister of Finance to credit the EI Operating Account for costs incurred from the EI ERB and it enables a modified operational approach to the assessment of availability to work for claimants who are in training. The Interim Order also allows claimants, who qualify for regular benefits with the 300-hour credit, to switch to special benefits. In addition, it sets at $909, the minimum weekly insurable earnings that claimants will be deemed to have earned, resulting in a minimum EI benefit rate of $500 per week.

The Interim Order extends the cessation of effect dates for EI ERB provisions in Interim Orders No. 1 to 7 and Interim Order No. 9. It also suspends the waiting period and the requirement for a medical certificate for EI sickness benefit claimants for one year. It also provides the Canada Employment Insurance Commission with the flexibility to waive the requirement for compassionate care or family caregiver benefit claimants to provide a medical certificate, if necessary.

Finally, this Interim Order provides for measures to facilitate access to EI fishing benefits. These measures include allowing fishers to establish a fishing claim based on the higher of their fishing earnings from their current qualifying period or the earnings used to establish their fishing claim for the same season from two previous years; lowering the insurable earnings threshold (to $2,500) for fishers to qualify for special benefits; and allowing fishers the ability to request to switch to fishing benefits even if they qualify for regular benefits as a result of the hours credit.

The provisions made under this Interim Order will cease to have effect on September 25, 2021, unless the provisions are repealed earlier.