Interim Order No. 5 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit): SOR/2020-141

Canada Gazette, Part II, Volume 154, Number 14

Registration

SOR/2020-141 June 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. 5 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit).

Gatineau, June 26, 2020

Carla Qualtrough
Minister of Employment and Social Development

Interim Order No. 5 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit)

Amendments

1 Section 153.11 of the Employment Insurance Act footnote 1 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.

2 The Act is amended by adding the following after section 153.13:

Cessation of Effect

December 31, 2020 or repeal

153.14 A provision of this Act 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to apply on the earlier of December 31, 2020 and the day on which the Interim Order that enacted the provision is repealed:

Conflict

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

Coming into Force

4 This Interim Order is deemed to have come into force at 00:00:04 a.m. on 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 regular or sickness benefits under the normal rules. The objective of this interim order is to increase the maximum number of weeks for which the Employment Insurance Emergency Response Benefit may be paid to a claimant from 16 to 24. The interim order also adds an explicit cessation of effect clause that applies to the provisions of this Interim Order as well as those in the four preceding interim orders that were made using the temporary authority provided to the Minister of Employment and Social Development under section 153.3 of the Employment Insurance Act. The effect of this clause is that all provisions made under these interim orders will cease to apply on the earlier of December 31, 2020, or the day on which the interim order that enacted the provision is repealed.