Interim Order No. 4 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit): SOR/2020-95
Canada Gazette, Part II, Volume 154, Number 10
Registration
SOR/2020-95 April 24, 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. 4 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit).
Gatineau, April 23, 2020
Carla Qualtrough
Minister of Employment and Social Development
Interim Order No. 4 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit)
Amendments
1 (1) The portion of paragraph 153.5(2)(c) of the Employment Insurance Act footnote 1 before subparagraph (i) is replaced by the following:
- (c) who is unable to start working for reasons related to COVID-19 and to whom, at any time during the period beginning on December 29, 2019 and ending on October 3, 2020, at least one benefit referred to in paragraph (3)(b) has been paid or was payable, if, during that period
(2) Subsection 153.5(2) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
- (d) who is unable to start working for reasons related to COVID-19 and to whom, at any time during the period beginning on December 29, 2019 and ending on October 3, 2020, at least one benefit referred to in paragraph (3)(c) has been paid or was payable, if, during that period
- (i) the established benefit period of that person with respect to those benefits has ended,
- (ii) all of those benefits have been paid to that person, or
- (iii) some of those benefits cannot be paid to that person by virtue of subsection 8(18) of the Employment Insurance (Fishing) Regulations.
(3) Subsection 153.5(3) of the Act is replaced by the following:
Benefits referred to in paragraphs (2)(b) to (d)
(3) The benefits referred to in paragraphs (2)(b) to (d) are
- (a) with respect to a claimant referred to in paragraph (2)(b), benefits provided under section 152.03 or provided under Part I, other than those benefits provided under any of sections 22 to 24;
- (b) with respect to a claimant referred to in paragraph (2)(c), benefits provided under Part I, other than those benefits provided under any of sections 21 to 24; and
- (c) with respect to a claimant referred to in paragraph (2)(d), benefits provided under the employment insurance scheme established under Part VIII.
2 The portion of paragraph 153.9(1)(c) of the Act before subparagraph (i) is replaced by the following:
- (c) if they are a claimant referred to in paragraph 153.5(2)(c) or (d) and they
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 00:00:03 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 (EI) regular or sickness benefits under the normal rules. The objective of this Interim Order is to expand eligibility for the Employment Insurance Emergency Response Benefit to self-employed fishers who recently exhausted EI fishing benefits and are unable to start working for reasons related to COVID-19.
The Interim Order is temporary and will cease to have effect when it is repealed or expires.