Appearance of Deputy Minister of Employment, Workforce Development and Disability Inclusion - Standing Senate Committee on Social Affairs, Science and Technology (SOCI) - May 26, 2021

Completion of Ongoing Matters

This clause amends section 45 by adding a subsection (6) that specifies that the Chairperson may authorize an individual who ceases to be a member for a reason other than removal to exercise and fulfill all the duties as a part-time member within 12 weeks after of the end of his or her membership.

Chairperson

45.1(1)(a) must take any action that is necessary to ensure that the members of the Tribunal carry out their duties and functions efficiently and without undue delay

45.1(1)(b) may issue guidelines in writing to members of the Tribunal and identify decisions of the Tribunal as jurisprudential guides, to assist members in carrying out their duties and functions.

45.1(1)(c) may designate from among the members of the Tribunal, coordinating members to assist the Vice-chairpersons.

Rules

45.1(2) The Chairperson may, with the approval of the Minister, make rules respecting the procedure to be followed on applications made or appeals at the Tribunal.

Statutory Instruments Act

45.1(3) The guidelines issued by the Chairperson to assist members with carrying out of their duties and functions are not subject to the requirements of the Statutory Instruments Act.

Competence and Compellability

This clause adds a new section 50.1 that seeks to protect the members of the Tribunal from having to appear as witnesses in any civil proceedings in respect of any matter which was before them while they performed their duties as members.

Additional delay

This clause replaces the French version of subsection (2) of section 52 to align it with the English version. The new clause specifies that the General Division may allow an extension of time to make an appeal to it, but for no more than one year after communication of the decision to the appellant.

Reasons

This clause modifies subsection (2) of section 54 to permit the General Division to give a decision and reasons orally or in writing and that copies of these decisions, (if given orally, it must be reduced to writing), must be sent to the appellant, the Minister or the Commission and any other party.

Appeal – Time Limit

Having permitted the General Division to give a decision orally or in writing, this clause modifies subsection (1) of section 57 to indicate when the time limit commences for an application for leave to appeal to the Appeal Division.

Extension

Having permitted the General Division to give a decision orally or in writing, this clause modifies subsection (2) of section 57 to indicate when the time limit commences for an extension to the time for an application for leave to appeal to the Appeal Division.

Grounds of Appeal – Employment Insurance Section

Subsection 58(1) has been amended to indicate that the grounds of appeal that used to apply to all General Division cases, now only apply to Employment Insurance Section cases as set out in paragraphs 58(1)(a), (b) and (c).

This clause also eliminates subsections 58(3) to (5) of the Act regarding decisions on leave to appeal and moves those provisions to the new section 58.2.

Criteria for Granting Leave to Appeal – Income Security Section

This new section 58.1 sets out the new criteria for granting leave from a decision of the Income Security Section, replacing the grounds of appeal set out in subsections 58(1) and (2) which no longer apply to the Income Security Section.

The new section 58.1 indicates that leave to appeal is to be granted if the application for leave to appeal:

1. raises an arguable case that the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction
2. raises an arguable case that the General Division erred in law, in fact or in mixed law and fact, in making its decision, or
3. sets out evidence that was not presented to the General Division

Decision – Leave to Appeal

The new subsection 58.2(1) provides that the Appeal Division must either grant or refuse leave to appeal a decision by the General Division.

Leave refused

If refusing leave to appeal, the new subsection 58.2(2) requires that the Appeal Division provide its decision and reasons in writing to the appellant and any other party.

Leave granted

The new subsection 58.2(3) indicates that where leave is granted, the decision will be communicated in writing, however, written reasons will only be provided if requested by the appellant or any other party.

Judicial review

The new subsection 58.2(4) sets out the method for calculating the period in which to apply for judicial review of a decision to grant leave to appeal, which runs from the later of either the date the decision is communicated or the date the reasons are communicated.

Notice of appeal

The new subsection 58.2(5) indicates that if leave to appeal is granted, the application for leave becomes the notice of appeal.

Hearing De Novo

New section 58.3 specifies that the appeal to the Appeal Division of an Income Security Section decision is a hearing de novo and is to be heard and determined as a new proceeding.

Decision

This clause replaces subsection (1) of section 59 to specify that the Appeal Division may dismiss the appeal or give the decision that the General Division should have given or confirm, rescind, or vary the decision of the General Division in whole or in part. In the case of a decision made by the Employment Insurance Section, where hearings at the appeal level are not de novo, the Appeal Division may also refer the matter back to the Employment Insurance Section.

Reasons

This clause, that replaces subsection (2) of section 59 of the English version, specifies that the Appeal Division must give its decision in writing, with reasons and send copies of the decision and reasons to the appellant and any other party.

Tribunal sittings

The clause amends section 61 to provide authority to the Chairperson to constitute a panel of 3 members.

Tribunal hearings

This clause amends section 62 to indicate that regulations will set out the circumstances in which all or part of a Tribunal hearing may be held in private.

Representation of Party

A new section 63.1 specifies that parties may be represented by a representative of their choice.

Powers of the Tribunal

An amendment is made to subsection (1) of section 64 to ensure consistent use of the terms "application" and "appeal".

Canada Pension Plan

An amendment is made to subsection (2) of section 64 to ensure consistent use of the terms "application" and "appeal".

Employment Insurance Act

An amendment is made to subsection (3) of section 64 to ensure consistent use of the terms "application" and "appeal".

Canada Pension Plan and Old Age Security

This clause amends section 65 by adding new paragraphs (a.1), (a.2) and (a.3) after paragraph (a) for the Canada Pension Plan and new paragraphs (d) and (e) after paragraph (c) for the Old Age Security Act that specify situations where the Minister must notify the Tribunal of certain persons who may be directly affected by its decision and the Social Security Tribunal must add these persons as parties:

(a.1) an appeal in respect of a death benefit, within the meaning of the Canada Pension Plan, payable to the estate or succession of a deceased contributor

(a.2) an appeal in respect of a disabled contributor's child's benefit, within the meaning of the Canada Pension Plan, payable to each child of a disabled contributor

(a.3) an appeal in respect of an orphan's benefit, within the meaning of the Canada Pension Plan, payable to each orphan of a deceased contributor

(d) an appeal in respect of an allowance within the meaning of the Old Age Security Act, payable to the spouse, common-law partner or former common-law partner of a pensioner

(e) an appeal in respect of a supplement within the meaning of the Old Age Security Act, payable to a pensioner whose spouse, common-law partner or former common-law partner is beneficiary of a supplement or an allowance

Time limits

Section 67 is amended to refer to the new subsection 58.2(1).

Decision final

An amendment is made to Section 68 to ensure consistent use of the terms "application" and "appeal".

Annual report

This clause adds a new section 68.1 that requires the Chairperson to submit an annual Tribunal performance report to the Minister 3 months after the end of each fiscal year.

Governor in Council

This clause amends paragraph 69(a) to ensure consistent use of the terms "application" and "appeal", adds a new paragraph (a.1) to provide the Governor in Council regulation-making authority for the circumstances in which a hearing may be held in private, and amends paragraph 69(c) to refer to the new subsection 58.2(1).

Consequential Amendment to the Federal Courts Act

Paragraph 28(1)(g.1) of the Federal Courts Act adds a reference to the new section 58.2 to indicate the Federal Court of Appeal does not have jurisdiction to hear and determine applications for judicial review on leave to appeal decisions of the Tribunal Appeal Division.

Transitional Provisions

Definitions

Provides definitions that apply to transitional provisions 240 to 244.

Clarification – immediate application

This transitional provision clarifies that the amendments made by the Division of this Bill apply to ongoing applications and appeals on the day on which the Division comes into force, with some exceptions outlined under sections 241 to 243.

Time limit for appeals – summary dismissal

(1) This transitional provision indicates that Appellants have 90 days after the day the Division comes into force to appeal a summary dismissal decision to the Appeal Division. No leave to appeal is required.

Appeals - summary dismissal

(2) This transitional provision indicates that on the day the Division comes into force, ongoing summary dismissal appeals or summary dismissal appeals that were brought before the expiration of the 90 day limitation period, are to be dealt with by the Appeal Division under the former Act.

It also confirms that the matter would not be heard and determined by the Appeal Division as a new proceeding pursuant to the new section 58.3 hearing de novo.

Federal court

(3) This transitional provision indicates that the Federal Court will continue to have jurisdiction for judicial review of an Appeal Division decision that relates to summary dismissal.

Judicial review

(4) This transitional provision indicates that if the Federal Court makes a judicial review decision to refer a summary dismissal matter back to the Appeal Division, then the matter will be dealt with by the Appeal Division under the former Act.

It also confirms that the matter would not be heard and determined by the Appeal Division as a new proceeding pursuant to the new section 58.3 hearing de novo.

Applications under section 66 of former Act

(1) This transitional provision indicates that an Application to rescind or amend a decision under section 66 that is ongoing at either the General Division or Appeal Division on the day on which the Division comes into force is to be dealt with in accordance with section 66 of the former Act.

Referral back to general division

(2) This transitional provision indicates that where the Appeal Division refers a decision to rescind or amend back to the General Division, the matter will be dealt with under section 66 of the former Act.

Applications for Leave to Appeal – Decision Under section 66 of the former Act

(3) This transitional provision indicates that an application for leave to appeal an amend or rescind decision made by the General Division is to be dealt with by the Appeal Division under the former Act.

Appeals – Decisions under section 66 of the former Act

(4) This transitional provision indicates that if leave to appeal is granted for a General Division decision under section 66, it will be dealt with in accordance with the former Act. In the case where the Appeal Division decides that it should give the decision that the General Division should have given, it will be dealt with under the former Act. 

It also confirms that the matter would not be heard and determined by the Appeal Division as a new proceeding under the new section 58.3 hearing de novo.

Judicial review – Leave to appeal

(5) This transitional provision indicates that following a judicial review, if the Federal Court refers a leave to appeal decision related to an amend or rescind application back to the Appeal Division, the matter is to be dealt by the Appeal Division under the former Act.

Judicial Review – Appeals

(6) This transitional provision indicates that if, following the Federal Court of Appeal's judicial review of an Appeal Division decision relating to an amend or rescind application, the Federal Court of Appeal refers the matter back to the Appeal Division, it is to be dealt with under the former Act.

If the Appeal Division decides under the former Act to give the decision that the General Division should have given, the matter is still to be dealt with using section 66 of the former Act.

It also confirms that the matter would not be heard and determined by the Appeal Division as a new proceeding under the new section 58.3 Hearing de novo.

Applications for Leave to Appeal – Income Security Section

(1) This transitional provision indicates that applications for leave to appeal for the Income Security Section that are ongoing on the day on which the new Division comes in to force, will be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

Ongoing appeals

(2) This transitional provision indicates that an appeal of an Income Security Section decision that is ongoing on the day the Division comes into force or, an appeal that results from a granted application for leave to appeal, is to be dealt with under the former Act.

It also confirms that the matter would not be heard and determined by the Appeal Division as a new proceeding under the new section 58.3 hearing de novo.

Federal Court – Before coming into force

(3) This transitional provision indicates that if, following judicial review, the Federal Court refers a matter related to leave to appeal of an Income Security Section decision back to the Appeal Division before the day on which the Division comes into force, the matter should be dealt with under the former Act.

Federal Court – After Coming into Force

(4) This transitional provision indicates that if, following judicial review, the Federal Court refers a matter related to leave to appeal of an Income Security Section decision back to the Appeal Division on or after the day on which the Division comes into force, the matter should be dealt with under the Division.

Federal Court of Appeal – Before coming into force

(5) This transitional provision indicates that if, following judicial review, the Federal Court of Appeal makes a decision to refer a matter back to the Appeal Division before the day on which the Division comes into force, the matter is to be dealt with under the former Act.

It also confirms that the matter would not be heard and determined by the Appeal Division as a new proceeding under the new section 58.3 hearing de novo.

Federal Court of Appeal – after coming into force

(6) This transitional provision indicates that if, following judicial review, the Federal Court of Appeal makes a decision to refer an Income Security Section decision back to the Appeal Division on or after the day on which the Division comes into force, the matter is to be dealt with under the Division. This does not include the judicial review decision related to a decision to rescind or amend referred to in subsection 242(6).

Interpretation of consequential amendment to Federal Courts Act

This clause provides that the Federal Court has jurisdiction to hear and determine applications for judicial review of Appeal Division decisions made under the former Act, before the day on which the Division comes into force.

Coming into force

Order in Council

This clause provides for the coming into force on a date to be fixed by order of the Governor in Council.

New subsection 239.01(4.1)

This subclause creates a new subsection 239.01(4.1) in the Canada Labour Code. The new subsection clarifies:

• that an employee in the federally regulated private sector who is on a caregiving leave related to COVID-19 when the maximum length of the leave is extended to 42 weeks is entitled to extend his or her leave to the new maximum length, if necessary, and
• that previous periods of caregiving leave related to COVID-19 count towards the employee's overall entitlement to 42 weeks. For example, if an employee took 4 weeks of caregiving leave related to COVID-19 in December 2020, after these amendments he or she would be entitled to a further 38 weeks of leave, if necessary.

This new subsection ensures that employers and employees in the federally regulated private sector understand how the new maximum duration of the caregiving leave related to COVID-19 interacts with periods of leave taken before these changes come into force.

Amend subsection 239.01(5)

This subclause also amends subsection 239.01(5) of the Canada Labour Code to increase from 38 to 42 the maximum aggregate number of weeks of leave that 2 or more employees in the same household can take.

This amendment ensures that households that decide to share caregiving responsibilities related to COVID-19 can take up to a maximum of 42 weeks of leave between them, instead of 38 weeks.

Clause 303

1. This subclause repeals the definitions of major attachment claimant and minor attachment claimant

   The objective of this subclause is to support the establishment of a new national entrance requirement of 420 hours of insurable employment for claimants seeking EI special benefits, for a 1-year period starting September 26, 2021.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022, (expiry of EI temporary measures for a one-year period starting September 26, 2021)

Clause 304

1. This subclause establishes that all claimants seeking EI regular and special benefit claimants must have at least 420 hours of insurable employment in their qualifying period in order to qualify for benefits

   The objective of this subclause is to support the establishment of a new national entrance requirement of 420 hours of insurable employment for both regular and special benefits, for a 1-year period starting September 26, 2021.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022, (expiry of EI temporary measures for a one-year period starting September 26, 2021)
3. This subclause also removes the qualification requirement table based on the regional rate of unemployment outlined in section 7(2)(b) of the EI Act. The objective of this subclause is to remove the qualification requirement's dependency on regional rates of unemployment
4. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022, (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 305

1. This subclause removes the variability of required hours to qualify for EI benefits for claimants with violations based on regional rates of unemployment and replaces it with a table based solely on the severity of violations

   The objective of this subclause is to ensure that EI claimants with violations are no worse off through this change, by selecting the hours penalties that correspond to the highest rates of unemployment ("more than 13%").

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022, (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 306

This clause permanently removes subsection 8(3), which allowed the qualifying period to be extended if monies paid by reason of separation:  a) have been allocated against EI benefits; or b) prevented the claimant from establishing an interruption of earnings.

This clause also removes reference to the situation when a qualifying period has been extended due to earnings paid on separation:  a) when stipulating that a week during which benefits were received does not count towards an extension of the qualifying period; or b) when stipulating that a qualifying period may not result in a qualifying period of more than 104 weeks.

The objective of this clause is to enable, for the period from September 26, 2021 to September 24, 2022, claimants with monies paid on separation to receive EI benefits at the same time, thereby increasing access to the EI system.

Clause 307

1. This subclause stops earnings paid to an EI claimant on job separation from extending their benefit period for the period from September 26, 2021 to September 24, 2022

   The objective of this subclause is to enable claimants with monies paid on separation to receive EI benefits at the same time, thereby increasing access to the EI system.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022, (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 308

1. this subclause outlines the maximum number of weeks of entitlement for regular EI benefits that an eligible seasonal worker claimant can receive, as outlined in the new Schedule V

   This subclause also outlines the criteria by which a seasonal worker is eligible for receive these maximum weeks of entitlement:

   • the claimant has a benefit period that falls within the period beginning September 26, 2021, and ending October 29 2022
   • at the beginning of the benefit period, the claimant is a resident of a region described in Schedule VI, and
   • in the 5 years prior to the beginning of the benefit period, the claimant had demonstrated that they were a seasonal worker (for example 3 benefit periods established – with various presumptions on the parameters around the establishment and beginning of benefit periods)

   The objective of this subclause is to replicate in legislation the parameters of the Pilot Project Relating to Increased Weeks of Benefits for Seasonal Workers (Pilot Project No. 21) of the EI Regulations as of September 26, 2021.

1. This subclause increases the maximum number of weeks for which benefits may be paid because of a prescribed illness, injury or quarantine (for example EI sickness benefits) from 15 weeks to 26 weeks. The objective of this clause is to provide more weeks of sickness benefits to claimants on a permanent basis
2. This subclause replaces subsection 12(8)'s reference to major attachment claimant with claimant as part of the removal of major attachment claimant from the EI Act during the period beginning on September 26, 2021, and ending on September 24, 2022

   The objective of this subclause is to support the establishment of a new national entrance requirement of 420 hours of insurable employment for special benefits for a 1-year period as of September 26, 2021.

3. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022, (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 309

1. This subclause repeals subsection 21(1), as there is no need to distinguish that a minor attachment claimant who ceases to work because of illness, injury, or quarantine is not entitled to receive sickness benefits while unable to work for that reason since the definition of minor attachment claimant has been temporarily removed

   The objective of this subclause is to ensure that all qualified claimants with at least 420 hours of insurable employment can receive sickness benefits for a 1-year period as of September 26, 2021.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022, (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 310

Subclauses (1), (3), and (5) of this clause replace, respectively, subsection 22(1), 22(2), and 22(5)'s reference to major attachment claimant with claimant as part of the removal of major attachment claimant from the EI Act during the period beginning on September 26, 2021, and ending on September 24, 2022.

The objective of this clause is to support the establishment of a national entrance requirement of 420 hours of insurable employment for special benefits for a 1-year period as of September 26, 2021.

Subclauses (2), (4), and (6) of this clause return the respective section(s) of the EI Act listed in the previous subclauses to their original language and operations beginning on September 25, 2022, (expiry of EI temporary measures for a 1-year period starting September 26, 2021).

Clause 311

Subclauses (1), (3), (5), (7), (9), (11), and (13) of this clause replace, respectively, subsection 23(1), 23(1.3), 23(4), 23(4.1), 23(5), 23(5)(b) to (d), and 23(6)'s reference to major attachment claimant with claimant as part of the removal of major attachment claimant from the EI Act during the period beginning on September 26, 2021 and ending on September 24, 2022.

The objective of this clause is to support the establishment of a new national entrance requirement of 420 hours of insurable employment for special benefits, for a 1-year period as of September 26, 2021.

Subclauses (2), (4), (6), (8), (10), (12), and (14), of this clause return the respective section(s) of the EI Act listed in the previous subclauses to their original language and operations beginning on September 25, 2022, (expiry of EI temporary measures for a 1-year period starting September 26, 2021).

Clause 312

1. This subclause replaces subsection 23.1(2)'s reference to major attachment claimant with claimant as part of the removal of major attachment claimant from the EI Act during the period beginning on September 26, 2021 and ending on September 24, 2022

   The objective of this subclause is to support the establishment of a new national entrance requirement of 420 hours of insurable employment for special benefits, for a 1-year period as of September 26, 2021.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a one-year period starting September 26, 2021)

Clause 313

1. This subclause replaces subsection 23.2(1)'s reference to major attachment claimant with claimant as part of the removal of major attachment claimant from the EI Act during the period beginning on September 26, 2021 and ending on September 24, 2022

   The objective of this subclause is to support the establishment of a new national entrance requirement of 420 hours of insurable employment for special benefits, for a 1-year period as of September 26, 2021.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 314

1. This subclause replaces subsection 23.3(1)'s reference to major attachment claimant with claimant as part of the removal of major attachment claimant from the EI Act during the period beginning on September 26, 2021 and ending on September 24, 2022

   The objective of this subclause is to support the establishment of a new national entrance requirement of 420 hours of insurable employment for special benefits, for a 1-year period as of September 26, 2021.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 315

1. This subclause repeals subsection 28(7), as cancelling a benefit period as a minor attachment claimant, and re-establishing a benefit period as a major attachment claimant, would not occur while these definitions are paused and a common entrance requirement is temporarily established

   The objective of this subclause is to support the establishment of a new national entrance requirement of 420 hours of insurable employment for special benefits, for a 1-year period as of September 26, 2021.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 316

1. This subclause amends the definition in Section 29(a) of "employment" that is used in the qualification and disentitlement rules set out in Sections 30 to 33 to a definition that only includes a claimant's most recent employment or any employment in the benefit period

   The objective of this subclause is to temporarily ensure that a claimant cannot be disqualified or disentitled under sections 30 to 33 based on employment that does not meet the new definition in section 29(a), for a one-year period as of September 26, 2021.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 317

1. This subclause amends subsection 30(1) to replace "any employment" with "their employment". This subclause also temporarily amends subsection 30(1)(a) to say that a disqualification based on misconduct or leaving without just cause will not apply if a claimant makes a new initial claim for benefits

   The objective of this subclause is to temporarily increase access to the EI program by only adjudicating the reason for separation from the most recent (for example, last) employment when establishing an EI claim, for a one-year period as of September 26, 2021. Under the current approach, the whole employment history in the qualifying period of the claimant is reviewed.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021)
3. This subclause removes subsections 30(5) to 30(7) and amends subsection 30(4) to remove reference to 30(6). Subsections 30(5) to 30(7) contradict the narrower definition of employment applied by subclause 316(1) because they set out restrictions on qualifying for benefits based on employment other than the claimant's most recent (for example, last) employment

   The objective of this subclause is to increase access to the EI program for multiple job-holders and part-time workers by only adjudicating the reason for separation from the most recent (for example, last) employment when establishing an EI claim, for a one-year period as of September 26, 2021. Under the current approach, the whole employment history in the qualifying period of the claimant is reviewed.

4. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a one-year period starting September 26, 2021)

Clause 318

1. This subclause stops the requirement to repay benefits following a labour arbitration award (or other similar circumstances) if more than 36 months have elapsed since the lay-off or separation, regardless of the administrative costs of repayment

   The objective of this subclause is to ensure that claimants will not have to repay their EI benefits as a result of monies on separation they received years after their claim, for a 1-year period as of September 26, 2021.

2. This subclause amends the section(s) of the EI Act listed in the previous subclause, beginning on September 25, 2022, to add back the following line that was in the original wording of S. 46: "and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment." The 36 month limit in subclause 1 is maintained

Clause 319

1. This subclause ensures that the definition of "employment" as amended in clause 316 (section 29(a)) is applied to section 51

   The objective of this subclause is to increase access to the EI program for multiple job-holders and part-time workers by only adjudicating the reason for separation from the most recent (for example, last) employment when establishing an EI claim, for a 1-year period as of September 26, 2021. Under the current approach, the whole employment history in the qualifying period of the claimant is reviewed.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 320

This clause redefines the term "insured participant" under Part II of the EI Act to include claimants who were in receipt of the Employment Insurance Emergency Response Benefit (EI-ERB) within the previous 60 months.

The objective of this clause is, similar to the existing treatment for former claimants of EI benefits, to allow continued access to training programs to individuals who received the EI-ERB. Claimants were able to make a claim for the EI-ERB for any 2-week period from March 15, 2020 to October 3, 2020.

Clause 321

This clause adjusts the wording of French version of subsection 152.05(1), which allows parental benefits to be payable to self-employed workers who are registered for special benefit coverage, from "veut prend soin" to "prend soin". This clarifies and improves the accuracy of this subsection and its consistency with the English version.

Clause 322

1. This subclause maintains the self-employed earnings threshold of $5,000 to qualify for self-employed workers who opt-in for EI special benefits when the claimant's benefit period begins during the period beginning on January 3, 2021 and ending September 25, 2021 and clarifies wording in the French version of the subsection

   The objective of this subclause is to maintain the self-employed earnings threshold that was established through An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19 - Parliament of Canada, which received Royal Assent of Parliament on March 17, 2021.  This makes EI more accessible to self-employed workers who opt into the EI system for special benefits.

2. This subclause establishes a new self-employed earnings threshold of $5,289 for self-employed workers who opt-in for EI special benefits when the claimant's benefit period begins during the period beginning on September 26, 2021 and ending September 24, 2022. This clause also maintains the self-employed earnings threshold of $6,000 to qualify for opt-in special benefits when the claimant's benefit period begins during any other period not identified in the above sections

   The objective of this subclause is to temporarily reduce the self-employed earnings threshold by 30% of regular 2021 levels ($7,555), in alignment with the 30% hours reduction in entrance requirement for special benefits (600 hours to 420 hours), and to maintain the previous threshold ($6,000) for claims made before any temporary COVID-19 response measures came into force.

Clause 323

• This subclause stops earnings paid on separation from extending the benefit period for self-employed persons who have opted-in to special benefits

  The objective of this subclause is to enable claimants with monies paid on separation to receive EI benefits at the same time, thereby increasing access to the EI system.

• This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021)

Clause 324

This clause extends the maximum number of weeks for which benefits may be paid because of a prescribed illness, injury or quarantine (for example EI sickness benefits) from 15 weeks to 26 weeks for self-employed workers registered for EI special benefit coverage.

The objective is to provide more weeks of sickness benefits to claimants.

Clause 325

This clause repeals section 153.1304 of the Act, which was as a temporary adaptation to allow an expanded definition of "insured participant" under Part II of the EI Act to include recipients of the EI-Emergency Response Benefit. The definition of "insured participant" is now permanently expanded in clause 320 of this Bill.

Clause 326

This clause amends 1 of the 2 possible cessation of effect dates for certain interim orders that amended the EI Act; more specifically, the cessation of effect date is postponed from September 25, 2021 to June 2, 2027. The other possible cessation of effect date, namely the day on which an Interim Order is repealed, is not amended by this clause.

The purpose of this change is to allow for EI-Emergency Response Benefit recipients to continue qualifying for EI Part II-funded employment and skills supports under the provincial/territorial agreements and ensure that the relevant program administrative and integrity provisions in Part VIII.4 continue to apply, which allows for the recovery of funds owing.

The extension of this date to June 2, 2027 is consistent with the administration of the EI program, where the Commission has 72 months to reconsider a claim if a false or misleading statement has made been in connection with a claim.

Clause 327

This clause extends the 13.1% national unemployment rate established under Interim Order #8 by 2 weeks, to end on September 25, 2021, instead of September 11, 2021.

The objective of this clause is to allow for a smooth transition and prevent EI claimants from being subjected to variable entrance requirements based on regional unemployment rates for a 2-week period. Interim Order #8 established a 13.1% national unemployment rate to facilitate a reduced entrance requirement across Canada during the COVID-19 pandemic. Under previous legislation that included a September 11, 2021 end date, and with the temporary 420 hours common entrance requirement coming into effect on September 26, 2021, this would have resulted in a 2-week gap where claimants may have been required to have as many as 700 hours of insurable employment to be eligible for regular benefits.

Clause 328

1. This subclause adds reference to the inclusion of the new subsection (3), which provides an exception to the cessation of effect rule in Part VIII.5 (Temporary Measures to Facilitate Access to Benefits) of the EI Act
2. This subclause adds an exception to the current cessation of effect rule in respect of Sections 153.1922 to 153.1924 so that they cease to apply on December 18, 2021. This means that although most other provisions established by Interim Order 8 will cease to have effect on September 25, 2021, the winter benefit period for fishers will extend to December 18, 2021.  The objective of this change is to ensure the temporary measure for fishers extends to December 18, 2021, the end of the winter fishing benefit period

Clause 329

This clause establishes a new Part VIII.6 of the EI Act. A new section, 153.197, sets a new temporary $300 minimum benefit rate for all EI claimants who begin their benefit period between September 26, 2021 and November 20, 2021. The $300 minimum benefit rate is achieved by setting claimants' weekly insurable earnings as the greater of: what would normally be determined by subsection 14(2), 152.16(1) of the EI Act, and 8.1(a) of the Employment Insurance (Fishing Regulations) and $545 of insurable earnings (which would result in a minimum of $300 weekly benefit payment).  This applies to all EI claimants, including: regular and special benefit claimants; self-employed claimants registered for special benefit coverage; self-employed fishers. This clause comes into force on a date to be fixed by order of the Governor in Council.

Clause 330

1. This subclause replaces Schedule I in the Act with a new Schedule I that establishes a 14-week minimum entitlement for regular benefits

   The objective of this subclause is to support the establishment of a new temporary national entrance requirement of 420 hours of insurable employment, and ensures that those with as few as 420 hours receive a minimum entitlement of 14 weeks of regular benefits, for a 1-year period as of September 26, 2021. Under the current Schedule I in the Act, they receive 0 weeks of benefits.

2. This subclause returns the section(s) of the EI Act listed in the previous subclause to their original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a one-year period starting September 26, 2021)

Clause 331

This clause temporarily adds Schedule V (which outlines the maximum entitlement that eligible seasonal workers can qualify for) and Schedule VI (that specifies the regions in which an eligible seasonal worker claimant must be resident at the beginning of the benefit period) to the Act.

The objective of this clause is to replicate in legislation the parameters of the Pilot Project Relating to Increased Weeks of Benefits for Seasonal Workers (Pilot Project No. 21) of the EI Regulations on a 1-year basis starting September 26, 2021.

Clause 332

This clause ensures that words and expressions used in transitional provisions (for example, clauses 333 to 337 of the Bill) have the same meaning as in the EI Act.

Clause 333

This clause ensures that the following amended sections and Schedule I of the Act, as they read immediately before September 26, 2021, continue to apply in respect of an insured person and a claimant whose benefit period begins before that day:

• the definitions major attachment claimant and minor attachment claimant in subsection 6(1)
• subsection 7(2)
• subsection 7.1(1)
• subsection 12(8)
• subsection 21(1)
• subsections 22(1), (2) and (5)
• subsections 23(1), (1.3), (4), (4.1), (5) and (6)
• subsection 23.1(2)
• subsection 23.2(1)
• subsection 23.3(1)
• subsection 28(7)
• paragraph 29(a)
• subsections 30(1) and (4) to (7)
• section 51, and
• Schedule I

The objective of this clause is to ensure that previously legislated provisions (before September 26, 2021) are maintained for claimants who establish a benefit period during this time period.

Clause 334

This clause ensures that Part VIII.5 of the Act, as it reads immediately before September 26, 2021, continues to apply in respect of an insured person or claimant whose benefit period begins during the period beginning on September 27, 2020, and ending on September 25, 2021.

The objective of this subclause is to support the establishment of a new temporary national entrance requirement of 420 hours of insurable employment, and ensures that those with as few as 420 hours receive a minimum entitlement of 14 weeks of regular benefits, for a 1-year period as of September 26, 2021. Under the current Schedule I in the Act, they receive 0 weeks of benefits.

The objective of this clause is to ensure that the temporary measures to facilitate access to benefits due to the COVID-19 pandemic prescribed in Part VIII.5 are maintained for a claimant who establish a benefit period during this time period.

Clause 335

1. This sub-clause suspends Part VIII.1 (Alternate Access for Special Benefits) and its related regulations during the period beginning on September 26, 2021 and ending on September 24, 2022 because under a temporary national entrance requirement, all claimants who qualify for regular benefits would also qualify for special benefits regardless of the region they lived in
2. This sub-clause states that the suspension of Part VIII.1 and its related regulations continues to be apply in respect of an insured person or claimant whose benefit period begins between September 26, 2021 and September 24, 2022

Clause 336

This clause ensures that the following amended sections and Schedule I of the Act, as they read immediately before September 25, 2022, continue to apply in respect of an insured person or a claimant whose benefit period begins during the period beginning on September 26, 2021 and ending on September 24, 2022:

• subsection 6(1)
• subsection 7(2)
• subsection 7.1(1)
• subsection 12(8)
• section 21
• subsections 22(1), (2) and (5)
• subsections 23(1), (1.3), (4), (4.1), (5) and (6)
• subsection 23.1(2)
• subsection 23.2(1)
• subsection 23.3(1)
• section 28
• paragraph 29(a)
• section 30
• section 51, and
• Schedule I

The objective of this clause is to ensure that the temporary measures outlined in this Bill are maintained for claimants who establish a benefit period during this time period (September 26, 2021 to September 24, 2022).

Clause 337

This clause provides a transitional provision for the extension of the maximum duration of EI sickness benefits from 15 to 26 weeks, to ensure that this change will apply to benefit periods commencing on or after the day on which the extension come into force (for example, "new claim, new rules").

Clause 338

This subclause defines the "other Act" as the Modernization of Benefits and Obligations Act for the purposes of this clause.

This subclause replaces subsection 23 (1) of the EI Act's references to major attachment claimant with claimant if subsection 107(1) of the Modernization of Benefits and Obligations Act comes into force before subclause 311(2) of this Bill.

This subclause states that if subclause 3708(2) of this Bill comes into force on the same day as subsection 107(1) of the Modernization of Benefits and Obligations Act, then subclause 311(2) is deemed to have come into force first.

Clause 339

This subclause defines the "other Act" as the Fairness for the Self-Employed Act for the purposes of this clause.

This subclause establishes that if section 321 of this Act comes into force before paragraph 36(b) of the Fairness for the Self-Employed Act produces its effects, then the French version of that paragraph 36(b) will be replaced with alternate text (provided in the Bill).

This subclause establishes that if paragraph 36(b) of the Fairness for the Self-Employed Act produces its effects before section 321 of this Act comes into force, subsection 152.05(1) of the French version of the Employment Insurance Act will be replaced with alternate text (provided in the Bill).

This subclause establishes that if paragraph 36(b) of the Fairness for the Self-Employed Act produces its effects on the same day that section 321 of this Act comes into force, clause 321 is deemed to have come into force before that paragraph 36(b).

Clause 340

This subclause identifies the clauses that come into force on September 26, 2021. These include: those that establish or are consequential to a national entrance requirement; those related to simplifying the treatment of monies on separation and the adjudication of reasons for separation; and, those related to replicating the parameters of the seasonal pilot project in legislation. This date aligns the beginning of these temporary provisions with the end of interim provisions instituted as a response to the COVID-19 pandemic.

This subclause identifies the clauses that come into force on September 25, 2022, which include all those that return the EI Act to the original wording. The objective of this subclause is to end the amended temporary provisions on September 24, 2022.

This subclause identifies the clauses that come into force on June 19, 2021, which include all those related to the authority to extend EI should the Government decide to extend the Canada Recovery Benefit. This date aligns with amendments under the Canada Recovery Benefit Act. 

Clauses related to extending the maximum duration of EI sickness benefits will come into force, or are deemed to have come into force, on a day to be fixed by order of the Governor in Council. This leaves flexibility to respond to potential operational challenges associated with implementing this measure.

The 2-week extension of the national minimum unemployment rate comes into force, or is deemed to have come into force, on September 12, 2021. This aligns with the introduction of a national entrance requirement on September 26, 2021 to prevent a gap in qualification requirements.

The temporary $300 minimum benefit rate for all EI claimants who begin their benefit period between September 26, 2021 and November 20, 2021 will come into force on a day to be fixed by order of the Governor in Council.

Clause 341

This subclause amends subsection 187.1(1) of the Canada Labour Code (Code), which ensures employees are entitled to interrupt their annual vacation for a number of reasons, including taking medical leave, in order to remove the reference to subsection 239(1.1).

This change is necessary because this bill removes subsection 239(1.1) from the Code, which provides up to 16 weeks of leave due to quarantine, and instead lists quarantine as one of reasons for which employees would be entitled to take up to 27 weeks of medical leave under subsection 239(1).

This subclause amends subsection 187.1(3) of the Code to remove the reference to subsection 239(1.1) for the reason set out above. Subsection 187.1(3) specifies that an employee who resumes a vacation that was interrupted after taking medical leave, may be assigned to a different position upon their return to work if they are unable to perform the work they were performing prior to the absence.

Clause 342

This clause amends subsection 187.2(1) of the Code, which ensures employees are entitled to postpone their annual vacation for a number of reasons, including taking medical leave, in order to remove the reference to subsection 239(1.1).

Clause 343

This subclause amends subsection 206.1(2.1) of the Code to remove the reference to subsection 239(1.1). Subsection 206.1(2.1) extends the period during which an employee may take parental leave for a number of reasons, including if they need to take medical leave.

This subclause amends subsection 206.1(2.4), which enables employees to interrupt parental leave to take a number of leaves, including medical leave, in order to remove the reference to subsection 239(1.1).

This subclause amends subsection 206.1(4) to remove the reference to subsection 239(1.1). Subsection 206.1(4) ensures employees who interrupt parental leave as a result of needing to take a different leave, including medical, are entitled to be reinstated in the position they were occupying prior to the leave, upon their return to work. Should the employee be unable to perform the work they were performing prior to the absence, an employer may assign the employee to a different position upon their return to work.

Clause 344

This subclause amends subsection 207.02(1) to remove the reference to subsection 239(1.1). Subsection 207.02(1) ensures that employees are entitled to interrupt compassionate care leave, leave related to critical illness, or leave related to death or disappearance in order to take medical leave.

This subclause amends subsection 207.02(3) to remove the reference to subsection 239(1.1). Subsection 207.02(3) ensures employees who interrupt compassionate care leave, leave related to critical illness, or leave related to death or disappearance in order to take medical leave, are entitled to be reinstated in the position they were occupying prior to the leave, upon their return to work. Should the employee be unable to perform the work they were performing prior to the absence, an employer may assign the employee to a different position upon their return to work.

Clause 345

This subclause amends subsection 239(1) in order to extend the maximum length of medical leave from 17 to 27 weeks.

This subclause amends subsection 239(1) in order to include quarantine among the list of reasons for which an employee is entitled to take medical leave.

This subclause repeals subsection 239(1.1), which allows employees to take up to 16 weeks of medical leave due to quarantine. This provision will no longer be necessary, given that subclause 345(2) of this bill will entitle employees to take up to 27 weeks of medical leave as a result of quarantine.

Clause 346

The leave related to COVID-19 is scheduled to be repealed on September 25, 2021 when certain provisions of the COVID-19 Emergency Response Act come into force. This clause ensures that on the first day that both the provisions of this division and subsection 4.1(2) of the COVID-19 Emergency Response Act are in force, subsections 187.1(1), 187.2(1), 206.1(2.1), 206.1(2.4), and 207.02(1) of the Code will be amended in order to remove any references to subsection 239.01(1).

Clause 347

This clause specifies that clauses 341 to 345 will come into force on the same day as the changes being made in this bill to the Employment Insurance sickness benefits.

Clause 348

This subclause removes reference to subsection 36(9) from subsection 35(6) because subsection 36(9) is repealed by clause 349. This amendment is consequential to the broader change of temporarily stopping monies paid by reason of a worker's lay-off or separation from being considered earnings for benefit purposes and deducted from their EI benefits.

This subclause returns the section(s) of the EI Regulations listed in the previous subclause to the original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a one-year period starting September 26, 2021).

This subclause adds monies paid by reason of a worker's lay-off or separation to the list of income sources that are not considered earnings for purposes of: determining whether an interruption of earnings has occurred, deducting from benefits payable, or for benefit repayment. This includes severance payments and vacation pay when paid to the worker by reason of separation or lay-off.

The objective of this subclause is to enable claimants with monies paid on separation to receive EI benefits at the same time, thereby increasing access to the EI system.

This subclause returns the section(s) of the EI Regulations listed in the previous subclause to the original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a one-year period starting September 26, 2021).

Clause 349

This subclause removes subsections 36(9) to 36(10.2) of the EI Regulations. By virtue of subclause 348(3) coming into effect, the rules set out in these subsections for allocating monies paid by reason of lay-off or separation against EI benefits would be inoperable.

This subclause returns the section(s) of the EI Regulations listed in the previous subclause to the original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a one-year period starting September 26, 2021).

Clause 350

Subclauses (1) and (3) of this clause replace the reference to major attachment claimant with claimant in subsections 55(5) and 55(6), respectively, to align with the repeal of this term in the Employment Insurance Act (from September 26, 2021 to September 24, 2022).

The objective of this clause is to support the establishment of a new national common entrance requirement of 420 hours of insurable employment for claimants seeking EI benefits for a 1-year period starting September 26, 2021.

Subclauses (2) and (4) of this clause returns the section(s) of the EI Regulations listed in the previous subclauses to the original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a one-year period starting September 26, 2021).

Clause 351

This clause ends the Pilot Project Relating to Increased Weeks of Benefits for Seasonal Workers (Pilot Project No. 21) on September 25, 2021 (this is the last date on which a participant's benefit period may commence) to ensure that eligible seasonal worker claimants can benefit from the new provisions in the Act, including the temporary EI simplification measures that will be in place for a one-year period starting on September 26, 2021.

Clause 352

This subclause provides for the coming into force of the temporary measures on September 26, 2021.

This subclause provides for the return to their previous language and operations beginning on September 25, 2022.

Clause 353

This subclause repeals the definitions major attachment claimant and minor attachment claimant in subsection 1(1) of the EI Fishing Regulations as part of the removal of major attachment claimant these terms from the EI Act during the period beginning on September 26, 2021 and ending on September 24, 2022.

The objective of this subclause is to support the establishment of a new national entrance requirement of 420 hours of insurable employment for claimants seeking EI benefits for a 1- year period starting September 26, 2021.

This subclause returns the section(s) of the EI Fishing Regulations listed in the previous subclause to the original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021).

Clause 354

Subclauses (1) and (3) of this clause reduce the entrance requirements for fishers to qualify for EI fishing benefits to $2,500 of insurable earnings in the qualifying period for each of their summer and winter fishing claims.

The objective of this clause is to reduce the earnings threshold for fishers, aligning with the establishment of a new national entrance requirement of 420 hours of insurable employment for a 1-year period starting September 26, 2021.

Subclauses (2) and (4) of this clause returns the section(s) of the EI Fishing Regulations listed in the previous subclauses to the original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021).

Clause 355

This subclause removes the variability of required hours to qualify for EI fishing benefits for claimants with violations based on regional rates of unemployment and replaces it with a table based solely on the severity of violations.

The objective of this subclause is to ensure that EI fishing claimants with violations are no worse off through this temporary change, by selecting the penalties that correspond to the highest rates of unemployment ("more than 13%").

This subclause returns the section(s) of the EI Fishing Regulations listed in the previous subclause to the original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a one-year period starting September 26, 2021).

Clause 356

Subclauses (1) and (3) of this clause temporarily reduces the entrance requirements for fishers to qualify for special benefits to $2,500 of insurable earnings in the qualifying period.

The objective of this clause is to reduce the earnings threshold for fishers, aligning with the establishment of a new national entrance requirement of 420 hours of insurable employment for a 1-year period starting September 26, 2021.

Subclauses (2) and (4) of this clause returns the section(s) of the EI Fishing Regulations listed in the previous subclauses to the original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021).

Clause 357

This clause removes old provisions that are inoperable.

Clause 358

This clause removes the schedule showing the Insurable Earnings Entrance Requirement for Fishers based on the regional rate of unemployment. This schedule is no longer required because it is replaced by the fixed national entrance requirement of $2,500 for fishers.

The objective of this clause is to reduce the earnings threshold for fishers, aligning with the establishment of a new national entrance requirement of 420 hours of insurable employment for a 1-year period starting September 26, 2021.

Clause 359

This clause returns the Schedule of the EI Fishing Regulations listed in the previous clause to the original language and operations beginning on September 25, 2022 (expiry of EI temporary measures for a 1-year period starting September 26, 2021).

Clause 360

This clause sets out that certain provisions in the EI Act do not apply in respect of certain of these amendments.

Clause 361

This subclause provides for the coming into force of the temporary measures on September 26, 2021.

This subclause provides for the return to their previous language and operations beginning on September 25, 2022.

Overview

• Since the beginning of the COVID-19 pandemic, the Government of Canada has continued to do whatever it takes to be there for Canadians, including by providing the support they need to continue to make ends meet, and, simplifying access to EI benefits
• The pandemic has shown that Canada needs an Employment Insurance (EI) system for the 21st century that aligns with the realities of today's labour market and is capable of quickly responding to changes in the economy tomorrow
• The proposed amendments to the Employment Insurance Act included in the Budget Implementation Act will help to ensure the EI program is more accessible and provides income support to workers at a time when the job market is gradually recovering from the impacts of the pandemic
• The temporary nature of many of the proposed EI measures provides the flexibility to adjust our approach, as needed. These temporary changes will also inform permanent changes to the EI of the future that reflect the feedback to be solicited through the consultations announced in Budget 2021

New Temporary Measures to Come into Force in September 2021 for a Period of 1 Year

National 420-HourEntrance Requirement for EI Regular and Special Benefits

• These following temporary changes will be implemented as of September 26, 2021, for a period of 1 year to make it easier for workers to access EI benefits:
  • access to EI regular benefits will be expanded by introducing a lower national entrance requirement of 420 hours of insurable employment (replacing a variable threshold of between 420 to 700 hours of insurable employment based on regional rates of unemployment)
  • EI regular benefit claimants will also receive a 14-week minimum entitlement, and
  • access to EI maternity, parental, sickness and caregiving benefits will be expanded by lowering the national entrance requirement to 420 hours of insurable employment from the previous 600
• Setting a national entrance requirement of 420 hours of insurable employment to qualify for EI benefits will make EI regular and special benefits more uniformly accessible for insured workers across the country for an additional year while the job market continues to improve
• This will include a corresponding change to the earnings-based threshold for fishers' access to benefits through regulations. It will also include a corresponding change to the earnings-based threshold for self-employed workers who have opted in to access special benefits coverage

EI Simplification Measures

• To further increase access to the program, the proposed EI temporary measures will maintain program simplifications that enhance access to benefits, by assessing only the last reason for separation and allocating severance and job separation payments
• These temporary simplification amendments will ensure that all of a claimant's insurable hours and employment in their qualifying period could count towards eligibility, as long as their most recent job separation is through no fault of their own (for example, laid off with just cause, work shortage). This will help more workers, especially multiple-job holders and part-time workers, access EI benefits
• The temporary amendments will also ensure that monies paid on job separation, such as severance pay and vacation pay, neither count as earnings for EI benefits purposes nor affect the timing of a claimant's receipt of EI benefits. This will enable claimants with monies paid on separation to receive EI benefits at the same time, thereby increasing access to the EI system 

Seasonal Claimants

• Currently, the Pilot Project Relating to Increased Weeks of Benefits for Seasonal Workers (Pilot Project No. 21) ends in the EI regulations in October 2021. Since a pilot project cannot be extended beyond 3 years in the regulations, the proposed amendments would introduce legislative provisions that replicate the parameters of the EI seasonal claimant project for one year until October 2022.
• This will enable eligible workers in regions with highly seasonal economies (for example, 13 specific regions in Atlantic Canada, Quebec, and Yukon) to continue to access up to 5 additional weeks of EI regular benefits in their off-season
• This will help ensure that eligible seasonal claimants avoid a period during which they may lack EI coverage, while the economy recovers and consultations on an approach to a permanent measure for seasonal workers can occur

Self-Employed Fishers

• The Government will extend the temporary COVID-19 measure for self-employed fishers for the winter 2021 benefit period
• The extension ensures that all self-employed fishers who submit an EI claim for the winter 2021 fishing benefit period are treated equally, by extending temporary eligibility changes from the current end date of September 25, 2021 to December 18, 2021

Extending Some of the Current Temporary EI Measures

Extending EI Emergency Response Benefit Integrity Measures

• These amendments include measures to extend COVID-19 Emergency Response Benefit integrity measures for claimants
• The extension is intended to align the consistency of treatment between similar EI claimant groups with respect to investigations, recovery of overpayments, and other integrity activities, as well as to help support prudent financial management of the part of the Government

Extending Eligibility for EI-Funded Skills Training Programs

• This amendment will ensure that workers who accessed the EI Emergency Response Benefit through Service Canada continue to have access to training and skills development programs over a longer timeframe

Temporary EI Minimum Weekly Benefit Rate

• This amendment would allow for a new minimum weekly benefit rate of $300 to be provided through an Order in Council (OIC) for all new EI claims beginning between September 26, 2021 and November 20, 2021
• This amount is aligned with the weekly amount of the Canada Recovery Benefit as of July 19, 2021, in order to provide support to Canadians during a gradual recovery

Permanent Measure –Extension of Sickness Benefits

• The Government will amend the EI Act to extend the maximum entitlement for sickness benefits to 26 weeks from the current 15 weeks
• This will provide more time for individuals with more prolonged health conditions who would otherwise exhaust benefits to recover from their illness, while still maintaining labour market attachment

Medical Leave Extension in the Canada Labour Code

• To ensure that employees in the federally regulated private sector have the right to take unpaid job-protected leave while using extended Employment Insurance sickness benefits, the Government also intends to amend the Canada Labour Code to extend the maximum length of medical leave under the Code from 17 to 27 weeks

EI Consultations (If pressed)

While not included in the BIA, Budget 2021 announced forthcoming consultations on future, long-term reforms to EI, with a specific focus on systemic gaps exposed by COVID-19, such as the need for income support for self-employed and gig workers; how best to support Canadians through different life events, such as welcoming a child; how to provide more consistent and reliable benefits to workers in seasonal industries; and changes to the Premium Reduction Program given the extension of sickness benefits.

Any permanent changes to further improve access to EI will be made following these consultations and once the recovery is fully underway.