Employment Insurance Act (S.C. 1996, c. 23)

Marginal note: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.

Employment Insurance Operating Account

Marginal note:Benefit enhancements under this Act — Emergency Response Benefits

153.111 There shall be credited to the Employment Insurance Operating Account an amount determined by the Minister of Finance that corresponds to the total cost of the employment insurance emergency response benefit under this Act, including all costs related to the benefit and its administration.

Social Insurance Number

Marginal note:Social insurance number

153.12 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Part, the Social Insurance Number of a claimant who makes a claim under this Part.

Benefit Period

Marginal note:End of benefit period

• 153.121 (1) A benefit period that was established for a claimant before March 15, 2020 — including a benefit period established in respect of benefits payable under Part VIII — ends the day before the first week for which the claimant is paid an employment insurance emergency response benefit.

• Marginal note:Reconsideration

  (2) Despite subsection (1), if, following a reconsideration carried out under section 112, a decision that results in a benefit period being established that begins before March 15, 2020 is rendered after the claimant has been paid an employment insurance emergency response benefit, the benefit period does not end and the claimant is deemed to have not been eligible for the employment insurance emergency response benefit by reason of paragraph 153.9(2)(a).

Marginal note:No reduction

153.13 When a benefit period is being established for a claimant who has received an employment insurance emergency response benefit, in establishing the benefit period, the weeks during which the benefit was paid is not to be taken into account.

Adaptations

Marginal note:Adaptation of English version of section 44

153.1301 For the purposes of applying paragraph 153.6(1)(a), section 44 of the English version is adapted as follows:

Marginal note:Liability to return overpayment

44 A person who has received or obtained an employment insurance emergency response benefit payment for which the person is not eligible, or an employment insurance emergency response benefit payment in excess of the amount for which the person is eligible, shall without delay return the amount, the excess amount or the special warrant for payment of the amount, as the case may be.

Marginal note:Adaptation of section 50

153.1302 For the purposes of applying paragraph 153.6(1)(a), section 50 is adapted as follows:

Marginal note:Eligibility — employment insurance emergency response benefit

• 50 (1) A claimant who does not provide the Minister with the required information in respect of a claim for the employment insurance emergency response benefit or fails to comply with the requirement under subsection (2) is not eligible for the employment insurance emergency response benefit until they provide the information or comply with the requirement.

• Marginal note:Making claim or providing information in person

  (2) The Commission may require a claimant or group or class of claimants to be at a suitable place at a suitable time in order to make a claim for the employment insurance emergency response benefit in person or provide additional information about that claim.

Marginal note:Adaptation of subsection 52(2)

• 153.1303 (1) For the purposes of applying paragraph 153.6(1)(a), subsection 52(2) is adapted as follows:

  • Marginal note:Decision

    (2) If the Commission decides that a person has received money by way of the employment insurance emergency response benefit for which the person was not eligible, or has not received money for which the person was eligible, the Commission must calculate the amount of the money and notify the claimant of its decision.

• Marginal note:Adaptation of subsection 52(4)

  (2) For the purposes of applying paragraph 153.6(1)(a), subsection 52(4) is adapted as follows:

  • Marginal note:Amount payable

    (4) If the Commission decides that a person was eligible to receive money by way of the employment insurance emergency response benefit, and the money was not paid, the amount calculated is payable to the claimant.

153.1304 [Repealed, 2021, c. 23, s. 324]

Marginal note:Adaptation of subsection 112(1)

• 153.1305 (1) For the purposes of applying paragraph 153.6(1)(d), subsection 112(1) is adapted as follows:

  Marginal note:Reconsideration — Commission

  • 112 (1) A claimant or other person who is the subject of a decision of the Commission, or the employer of the claimant, may make a request to the Commission in accordance with subsection (4) for a reconsideration of that decision at any time within

    • (a) 30 days after the day on which a decision is communicated to them; or

    • (b) any further time that the Commission may allow.

• Marginal note:Adaptation of section 112

  (2) For the purposes of applying paragraph 153.6(1)(d), section 112 is adapted by adding the following after subsection (3):

  • Marginal note:Reconsideration of a decision

    (4) A request for reconsideration of the decision must be in writing and contain the following information:

    • (a) the name of the person making the request and their

      • (i) social insurance number or the business number assigned to them by the Minister of National Revenue, as the case may be,

      • (ii) address and telephone number, and

      • (iii) facsimile number and email address, if any;

    • (b) the date on which the decision was communicated to the person;

    • (c) the reasons why the person is requesting a reconsideration of the decision; and

    • (d) any relevant information that was not previously provided to the Commission.

  • Marginal note:Filing of request for reconsideration

    (5) A request for reconsideration must be filed with the Commission at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Commission on the website of the Department of Employment and Social Development.

Marginal note:Write-off of amounts wrongly paid

• 153.1306 (1) An amount payable under section 43 may be written off by the Commission if

  • (a) the amount does not exceed $100;

  • (b) the debtor is deceased;

  • (c) the debtor is a discharged bankrupt;

  • (d) the debtor is an undischarged bankrupt in respect of whom the final dividend has been paid and the trustee has been discharged;

  • (e) the overpayment does not arise from an error made by the debtor or as a result of a false or misleading declaration or representation made by the debtor, whether the debtor knew it to be false or misleading or not, but arises from

    • (i) a retrospective decision or ruling made under Part IV, or

    • (ii) provision by the Commission of a weekly employment insurance emergency response benefit amount in excess of the amount referred to in subsection 153.10(1); or

  • (f) the Commission considers that, having regard to all the circumstances,

    • (i) the amount is uncollectable,

    • (ii) the repayment of the amount would result in undue hardship to the debtor, or

    • (iii) the administrative costs of collecting the amount would likely equal or exceed the amount to be collected.

• (2) The portion of an amount owing under section 47 in respect of the employment insurance emergency response benefit received before the Commission notifies the debtor of the overpayment may be written off by the Commission if

  • (a) the overpayment does not arise from an error made by the debtor or as a result of a false or misleading declaration or representation made by the debtor, whether the debtor knew it to be false or misleading or not; and

  • (b) the overpayment arises as a result of

    • (i) a delay or error made by the Commission in processing a claim for the employment insurance emergency response benefit,

    • (ii) retrospective control procedures or a retrospective review initiated by the Commission,

    • (iii) an error made on the record of employment by the employer,

    • (iv) an incorrect calculation by the employer of the debtor’s insurable earnings, or

    • (v) an error in insuring the employment or other activity of the debtor.

Marginal note:Adaptation of section 112.1

153.1307 For the purposes of applying paragraph 153.6(1)(d), section 112.1 is adapted as follows:

Marginal note:Decision not reviewable

112.1 A decision of the Commission under section 153.1306 is not subject to review under section 112.

Marginal note:Adaptation of portion of subsection 126(1)

• 153.1308 (1) For the purposes of applying paragraph 153.6(1)(d), the portion of subsection 126(1) before paragraph (a) is adapted as follows:

  Marginal note:Certificates

  • 126 (1) An amount or part of an amount payable under Part I, II, VII.1 or VIII.4 that has not been paid may be certified by the Commission

• Marginal note:Adaptation of subsection 126(2)

  (2) For the purposes of applying paragraph 153.6(1)(d), subsection 126(2) is adapted as follows:

  • Marginal note:Judgments

    (2) On production to the Federal Court, the resulting certificate shall be registered in the Court and when registered has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate.

Marginal note:Adaptation of section 138

153.1309 For the purposes of applying paragraph 153.6(1)(d), section 138 is adapted as follows:

Marginal note:Obligation

138 Every person employed in insurable employment and every self-employed person must have a Social Insurance Number that has been assigned to that person under an Act of Parliament.

Marginal note: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”.

Special Rules

Marginal note:Benefits referred to in paragraph 153.5(3)(a)

153.1310 The following rules apply to a person who made an initial claim for benefits in respect of any of the benefits referred to in paragraph 153.5(3)(a) and who either had, before the coming into force retroactively of this Part, a benefit period established on or after March 15, 2020 with respect to the benefits for which the claim was made, or who would have had, but for the coming into force of this Part on March 15, 2020, a benefit period established on or after that same date with respect to the benefits for which the claim was made:

• (a) the person is deemed to have made a claim for the employment insurance emergency response benefit under section 153.8;

• (b) the rules set out in Part VIII.4 apply to a claim for the employment insurance emergency response benefit, with the exception of the rule requiring that a claim be made in accordance with subsection 153.8(1); and

• (c) the benefits referred to in paragraph 153.5(3)(a) received on or after March 15, 2020 are deemed to be the employment insurance emergency response benefit and, as the case may be,

  • (i) the person is to be paid, for each week for which they receive the benefits referred to in paragraph 153.5(3)(a), an amount of employment insurance emergency response benefit that is equal to the difference between the amount set out in subsection 153.10(1) and the amount of benefits that they received for the week in question, and

  • (ii) each amount of benefits received for a week that exceeds the amount set out in subsection 153.10(1) is deemed to be equal to the amount set out in that subsection and section 44 does not apply to any amount of benefits received for a week that exceeds the amount set out in subsection 153.10(1).