Income Support Payment (Excluded Nominal Income) Regulations: SOR/2020-90

Canada Gazette, Part II, Volume 154, Number 9


SOR/2020-90 April 16, 2020


The Minister of Employment and Social Development, pursuant to paragraph 6(3)(a) of the Canada Emergency Response Benefit Act footnote a, makes the annexed Income Support Payment (Excluded Nominal Income) Regulations.

Gatineau, April 15, 2020

Carla Qualtrough
Minister of Employment and Social Development

Income Support Payment (Excluded Nominal Income) Regulations

Excluded Class of Income

Nominal income

1 Any income received by a worker for employment or self-employment is excluded from the application of subparagraph 6(1)(b)(i) of the Canada Emergency Response Benefit Act if the total of such income received in respect of the consecutive days on which they have ceased working is $1000 or less.

Coming into Force

Day made

2 These Regulations come into force on the day on which they are made.


(This statement is not part of the Regulations.)


Parliament has enacted the Canada Emergency Response Benefit Act (the Act) to authorize the making of income support payments to workers who suffer a loss of income for reasons related to the coronavirus disease 2019 (COVID-19). As provided in the Act, the Minister may exclude a class of income from consideration, so that it does not affect eligibility for the income support payment.


The COVID-19 acute respiratory disease is a condition in which affected individuals develop fever, cough or difficulty breathing. COVID-19 has clearly demonstrated that it can cause severe, life-threatening respiratory disease. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death.

As a result of quarantine and directed self-isolation measures which have been put in place across Canada to mitigate the spread of COVID-19, Canadians have been urged to remain in their homes and many workplaces have closed temporarily. This has led to many Canadians being unable to work during this period. Many Canadians do not receive Employment Insurance or other income during this time, which may cause serious financial hardship.

The new Act establishes a new income support payment for eligible workers that would be paid in four-week installments.


The objective of this regulation is to allow workers who cease work due to COVID-19 to continue to receive nominal amounts of income, up to $1,000 over a four-week period, without affecting their eligibility for income support payments under the Act.


As per paragraph 6(3)(a) of the Act, nominal income up to $1,000 over a four-week period, earned by workers who have otherwise ceased working due to COVID-19, will be excluded from income from employment. This will allow workers to earn nominal amounts of income without affecting their eligibility for income support payments.

The regulation comes into force upon signature of the Minister.

Regulatory development


As these regulations are directly in response to the immediate and extraordinary public health situation posed by the outbreak of COVID-19, measures need to be in place expeditiously to be effective. Consequently, no prepublication was undertaken.

Instrument choice

These measures are to be prescribed in regulations. There is no discretion in choice of instrument to set the income support payment amount.

Modern treaty obligations and Indigenous engagement and consultation

There are no implications for modern treaty obligations or Indigenous engagement in these regulations.

Regulatory analysis

Benefits and costs

The Canada Emergency Response Benefit is part of the Government’s COVID-19 Economic Response Plan, which will provide direct support to Canadian workers and businesses to help meet the cash needs of Canadian businesses and households, and to help stabilize the economy. These measures will also help ensure that individuals are able to remain at home as directed, thus reducing the risk of further spread of the disease.

Small business lens

No small business impacts are expected to result from these amendments.

One-for-one rule

These amendments have no impact on administrative burden or costs to business or employers.

Regulatory cooperation and alignment

These amendments are not related to any commitments related to other regulatory jurisdictions.

Strategic environmental assessment

A preliminary environmental scan revealed no environmental impacts associated with this regulatory amendment.

Gender-based analysis plus (GBA+)

These regulations do not target persons of any gender or identified group. The changes will benefit eligible workers who have to cease work due to COVID-19, regardless of other characteristics.


These amendments will allow the Government of Canada to implement the Act and provide support to workers affected by COVID-19.

Implementation, compliance and enforcement, and service standards


These regulations will be implemented immediately upon coming into force.


Andrew Brown
Director General
Employment Insurance Policy
Skills and Employment Branch
Employment and Social Development Canada
140 Promenade du Portage, 7th Floor
Gatineau, Quebec
K1A 0J9
Telephone: 819‑639‑3532