Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits): SOR/2020-187

Canada Gazette, Part II, Volume 154, Number 19

Registration

SOR/2020-187 August 29, 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 consulted 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. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits).

Gatineau, August 28, 2020

Carla Qualtrough
Minister of Employment and Social Development

Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits)

Amendments

1 Part VIII.5 of the Employment Insurance Act ^{footnote 1} is replaced by the following:

PART VIII.5

Temporary Measures to Facilitate Access to Benefits

Definitions

Definitions

153.15 The following definitions apply in this Part.

• initial claim for benefits has the same meaning as in subsection 6(1). (demande initiale de prestations)
• qualifying period in respect of benefits under Part I, has the same meaning as in subsection 6(1). (période de référence)
• waiting period has
  • (a) in respect of benefits under Part I or VIII, the same meaning as in subsection 6(1); and
  • (b) in respect of benefits under Part VII.1, the same meaning as in subsection 152.01(1). (délai de carence)

Rate of Unemployment

Rate of 13.1%

153.16 Despite section 17 of the Employment Insurance Regulations, if the later of the weeks referred to in subsection 10(1) begins during the period beginning on September 27, 2020 and ending on September 11, 2021, the regional rate of unemployment that applies to the claimant is 13.1%, if that rate is greater than the rate that would otherwise apply to them.

Increase in Hours of Insurable Employment

Benefits under Part I

153.17 (1) A claimant who makes an initial claim for benefits under Part I on or after September 27, 2020 or in relation to an interruption of earnings that occurs on or after that date is deemed to have in their qualifying period

• (a) if the initial claim is in respect of benefits referred to in any of sections 21 to 23.3, an additional 480 hours of insurable employment; and
• (b) in any other case, an additional 300 hours of insurable employment.

Limitation

(2) Subsection (1) does not apply to a claimant who has already had the number of insurable hours in their qualifying period increased under that subsection or under this section as it read on September 26, 2020, if a benefit period was established in relation to that qualifying period.

Extension of Qualifying Period

Recipients of emergency response benefit

153.18 (1) A qualifying period mentioned in paragraph 8(1)(a) is extended by 28 weeks if the claimant

• (a) makes the initial claim for benefits on or after September 27, 2020 or in relation to an interruption of earnings that occurs on or after that date; and
• (b) received, during the period mentioned in that paragraph, 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.

Limitation

(2) Subsection (1) does not apply to a claimant who has already had a qualifying period extended under that subsection or under this section as it read on August 29, 2020 or September 26, 2020.

Benefit Period

Late claims

153.19 For the purposes of subsections 10(4) and (5), the fact that, but for sections 153.17 and 153.18 as they read on August 29, 2020, the claimant would not have qualified to receive benefits referred to in any of sections 22 to 24 is good cause for a delay in making a claim for those benefits.

Waiting Period

Waiver

153.191 (1) Despite sections 13 and 152.15, a claimant need not serve a waiting period if the claim is in respect of benefits under Part I, VII.1 or VIII and the benefit period begins on or before October 25, 2020.

Exception

(2) The claimant may nonetheless serve the waiting period if they are entitled to receive a payment referred to in subsection 37(1) or 38(1) of the Employment Insurance Regulations during that period.

Non-application

(3) Subsections 40(6) and 40.1(2) of the Employment Insurance Regulations do not apply to any waiting period to which subsection (1) applies.

Rate of Benefits

Weekly insurable earnings

153.192 (1) Despite subsection 14(2), the weekly insurable earnings of a claimant whose benefit period begins on or after September 27, 2020 are deemed to be the greater of

• (a) the claimant’s insurable earnings in the calculation period referred to in subsection 14(4), divided by the number of weeks in that period in which they had insurable earnings, and
• (b) $727.

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 $727, the result is deemed to be $727.

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 $727.

Deductions from Benefits

Exclusions from earnings

153.193 The following are to be excluded from the earnings referred to in section 35 of the Employment Insurance Regulations:

• (a) any pay or earnings referred to in subsection 36(8), (9) or (19) of those Regulations if
  • (i) the claimant’s benefit period begins on or after September 27, 2020, or
  • (ii) the pay or earnings are declared to the Commission on or after September 27, 2020 and would otherwise have been allocated under section 36 of those Regulations to a week beginning on or after September 27, 2020; and
• (b) any of the following portions of payments that are paid to a claimant as an insured person for the first week for which benefits are payable, if their waiting period has been waived under subsection 153.191(1):
  • (i) the portion of any payments referred to in subsection 37(1) of those Regulations that does not exceed 95% of the claimant’s normal weekly earnings from the employment to which the payments relate, and
  • (ii) despite paragraph 38(1)(a) of those Regulations, the portion of any payments referred to in subsection 38(1) of those Regulations that does not exceed the claimant’s normal weekly earnings from the employment to which the payments relate.

Disqualification and Disentitlement

Definition of employment

153.194 Despite paragraph 29(a), for the purposes of sections 30 to 33, employment refers to any employment of the claimant

• (a) within their qualifying period, but no earlier than 12 weeks before the Sunday referred to in paragraph 10(1)(a); or
• (b) within their benefit period.

Claim Procedure

Information

153.195 Despite paragraph 51(a), the Commission may, but is not required to, give the claimant and the employer the opportunity referred to in that paragraph.

Cessation of Effect

September 25, 2021 or repeal

153.196 (1) Subject to subsection (2), this Part ceases to apply on the earlier of September 25, 2021 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.

Exception

(2) Section 153.19 ceases to apply on the earlier of October 31, 2020 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.

2 Section 153.18 of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:

• (b) 24 weeks, if the benefit period for that claim is established on or after July 5, 2020 but before August 30, 2020; or
• (c) 28 weeks, if the benefit period for that claim is established on or after August 30, 2020.

3 Section 153.192 of the Act is replaced by the following:

Rate of 13.1%

153.192 Despite section 17 of the Employment Insurance Regulations, if the later of the weeks referred to in subsection 10(1) begins during the period beginning on September 6, 2020 and ending on September 11, 2021, the regional rate of unemployment that applies to the claimant is 13.1%, if that rate is greater than the rate that would otherwise apply to them.

4 (1) Section 153.193 of the Act is replaced by the following:

September 26, 2020 or repeal

153.193 (1) Subject to subsection (2), this Part ceases to apply on the earlier of September 26, 2020 and the day on which Interim Order No. 7 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) is repealed.

Exception

(2) Section 153.18 ceases to apply on the earlier of September 26, 2020 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.

(2) Subsection 153.193(2) of the Act is replaced by the following:

Exception

(2) Sections 153.18 and 153.192 cease to apply on the earlier of September 26, 2020 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.

Conflict

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

Coming into Force

6 (1) Section 2, subsection 4(1) and section 5 come into force, or are deemed to have come into force, on August 30, 2020.

(2) Section 3 and subsection 4(2) come into force on September 6, 2020.

(3) Section 1 comes into force on September 27, 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 contains measures that provide authorities to facilitate access to employment insurance (EI) benefits for claimants seeking to establish claims on or after September 27, 2020. These measures include a one-time hours credit of 480 hours for those establishing a claim for special benefits, and of 300 hours for those establishing a claim for EI regular benefits. An extension of the qualifying period by 28 weeks will be provided for those who have claimed the EI Emergency Response Benefit or the Canada Emergency Response Benefit. All claimants establishing a claim on or after September 27, 2020, will have their waiting period waived. The waiver of the waiting period will apply until October 25, 2020.

This Interim Order also sets a minimum unemployment rate of 13.1% for all EI regions that would apply until September 11, 2021. An alternative benefit rate calculation mechanism will also be established, while all claimants will be deemed to have a minimum of $727 in weekly insurable earnings.

Additional measures included in this Interim Order suspend the allocation of certain monies that prevent the payment of EI benefits. Disentitlements and disqualifications associated with invalid reasons for separation will also be disregarded if they occurred at least 12 weeks prior to the Sunday of the week in which a claimant’s interruption of earnings occurs.