Interim Order No. 2 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit): SOR/2020-88
Canada Gazette, Part II, Volume 154, Number 9
Registration
SOR/2020-88 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. 2 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. 2 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit)
Amendments
1 (1) The portion of subsection 153.5(2) of the English version of the Employment Insurance Act footnote 1 before paragraph (b) is replaced by the following:
Claimant
(2) For the purposes of this section and sections 153.6 to 153.13, the definition claimant in subsection 2(1) applies to a person:
- (a) who ceases working, whether employed or self-employed, for reasons related to COVID-19; or
(2) Paragraph 153.5(2)(b) of the Act is replaced 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 subsection (3).
(3) Paragraph 153.5(3)(a) of the Act is replaced by the following:
- (a) benefits paid under Part I, other than under any of sections 22 to 24; and
2 Paragraph 153.6(a) of the Act is replaced by the following:
- (a) the definitions benefit period, benefits and insurable earnings in subsection 2(1);
3 (1) Subparagraph 153.9(1)(a)(v) of the French version of the Act is replaced by the following:
- (v) n’a aucun revenu provenant d’un emploi qu’il exerce — ou d’un travail qu’il exécute pour son compte —, pour les jours consécutifs pendant lesquels il cesse d’exercer son emploi ou d’exécuter un travail pour son compte;
(2) Paragraph 153.9(1)(b) of the Act is replaced by the following:
- (b) if they are a claimant referred to in paragraph 153.5(2)(b) and they 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.
(3) Section 153.9 of the Act is amended by adding the following after subsection (3):
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) or of paragraph (1)(b), as the case may be.
4 Section 153.10 of the Act is amended by adding the following after subsection (2):
Rate increase — family supplement
(3) Section 16 and subsections 152.17(1) to (4) apply, with the necessary modifications, to the amount of the employment insurance emergency response benefit.
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 This Interim Order is deemed to have come into force at 00:00:01 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 regular or sickness benefits under the normal rules. The objective of this Interim Order is to ensure that these groups of claimants must meet the same income restrictions. It also specifies that claimants can receive nominal income from employment or self-employment, while still being eligible to receive the benefit.
The Interim Order also establishes that claimants in receipt of the Employment Insurance Emergency Response Benefit are eligible to receive the additional amounts under the Family Supplement.
The Interim Order is temporary and will cease to have effect when it is repealed or expires.