Interim Order No. 3 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit): SOR/2020-89

Canada Gazette, Part II, Volume 154, Number 9

Registration

SOR/2020-89 April 16, 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 153.3 ^{footnote a} of the Employment Insurance Act ^{footnote b}, makes the annexed Interim Order No. 3 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit).

Gatineau, April 15, 2020

Carla Qualtrough
Minister of Employment and Social Development

Interim Order No. 3 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit)

Amendments

1 (1) Subsection 153.5(2) of the Employment Insurance Act ^{footnote 1} is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:

• (b) who could have, but for the coming into force of this Part on March 15, 2020, had a benefit period established on or after that date with respect to any of the benefits referred to in paragraph (3)(a); or
• (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, 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).

(2) Subsection 153.5(3) of the Act is replaced by the following:

Benefits referred to in paragraphs (2)(b) and (c)

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

• (a) with respect to a claimant referred to in paragraph (2)(b), benefits paid under section 152.03 or under Part I, other than under any of sections 22 to 24; and
• (b) with respect to a claimant referred to in paragraph (2)(c), benefits paid under Part I, other than under any of sections 21 to 24.

2 Section 153.6 of the Act is amended by adding “and” at the end of paragraph (b) and by replacing paragraphs (c) and (d) with the following:

• (c) Parts III, IV, VI and Part VII.

3 (1) Subsection 153.9(1) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

• (c) if they are a claimant referred to in paragraph 153.5(2)(c) 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.

(2) Subsection 153.9(4) of the Act is replaced by the following:

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.

Conflict

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

Coming into Force

5 This Interim Order is deemed to have come into force at 00:00:02 a.m., March 15, 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).

Workers may be eligible for the Employment Insurance Emergency Response Benefit if they cease working for reasons related to COVID-19 or they would otherwise have qualified for Employment Insurance (EI) regular or sickness benefits under the normal rules. The objective of this Interim Order is to expand eligibility for the Employment Insurance Emergency Response Benefit to EI claimants who recently exhausted regular benefits and are unable to find work for reasons related to COVID-19.

The Interim Order is temporary and will cease to have effect when it is repealed or expires.