Interim Order No. 9 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit): SOR/2020-188

Canada Gazette, Part II, Volume 154, Number 19

Registration

SOR/2020-188 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 153.3footnote a of the Employment Insurance Act footnote b, makes the annexed Interim Order No. 9 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit).

Gatineau, August 28, 2020

Carla Qualtrough
Minister of Employment and Social Development

Interim Order No. 9 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit)

Amendments

1 Paragraph 153.5(1)(b) of the Employment Insurance Act footnote 1 is repealed.

2 (1) The portion of subsection 153.6(1) of the Act before paragraph (a) is replaced by the following:

Application of other provisions

153.6 (1) In the case of a claim made for the employment insurance emergency response benefit, the following provisions apply in respect of the employment insurance emergency response benefit, subject to the adaptations set out in subsection (2) and in sections 153.1301 to 153.13091:

(2) Subsection 153.6(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(3) The portion of subsection 153.6(2) of the Act before paragraph (a) is replaced by the following:

Adaptation

(2) A provision referred to in paragraph (1)(a), (d) or (e) is adapted

(4) Subsection 153.6(3) of the Act is replaced by the following:

Non-application of other provisions

(3) No other provision of this Act or of any regulations made under it applies in respect of a claim for the employment insurance emergency response benefit unless a contrary intention appears. However, for greater certainty, the definitions set out in subsection 2(1) apply in this Part.

3 (1) Section 153.8 of the Act is amended by adding the following after subsection (1):

Exception — week of September 27, 2020

(1.1) Despite subsection (1), an employment insurance emergency response benefit is not payable to a claimant for the week beginning September 27, 2020 unless an employment insurance emergency response benefit was paid or payable to the claimant for any week beginning before that date.

(2) Subsection 153.8(2) of the English version of the Act is replaced by the following:

Limitation

(2) A claim must not be made after December 2, 2020.

(3) Subsection 153.8(5) of the Act is replaced by the following:

No benefit period — March 15 to September 26, 2020

(5) For the period beginning on March 15, 2020 and ending on September 26, 2020, no benefit period is to be established with respect to any of the benefits referred to in paragraph 153.5(3)(a).

No benefit period — September 27 to October 3, 2020

(6) For the period beginning on September 27, 2020 and ending on October 3, 2020, no benefit period is to be established with respect to any of the benefits referred to in paragraph 153.5(3)(a) if

Notification

(7) On receiving a claim for the employment insurance emergency response benefit, the Commission shall decide whether the claimant is eligible for the benefit and whether the benefit is payable to the claimant for the two-week period in respect of which they claimed the benefit, and shall notify the claimant of its decisions in any manner that it considers adequate.

4 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 28 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.

5 The Act is amended by adding the following after section 153.1309:

Adaptation of subsections 27(1) and (2) of the Employment Insurance Regulations

153.13091 For the purposes of applying paragraph 153.6(1)(e), subsections 27(1) and (2) of the Employment Insurance Regulations are adapted so that the reference to “Part I, VII.1 or VIII” means “Part VIII.4”.

6 Section 153.14 of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

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 00:00:07 a.m. on March 15, 2020.

(2) Section 4 comes into force on August 30, 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 increases the maximum number of weeks for which the Employment Insurance Emergency Response Benefit (EI ERB) may be paid to a claimant from 24 to 28. This interim order also provides authorities to allow access to employment insurance (EI) benefits for claimants establishing new regular and sickness claims starting on September 27, 2020.

Additional measures are also included to allow for the delivery and administration of the EI ERB, such as measures to allow for direct deposit of benefits and to facilitate access to benefits for incapacitated persons.