Once your agreement is approved
Data Gateway is a secure web-based file transfer tool that gives employers the ability to send information about their employees electronically to Service Canada.
Benefits of using the Data Gateway:
- employers are able to submit utilization reports
- it is fast, convenient and user-friendly, and
- encryption technology provides security of communication
To register for Data Gateway access you need to contact the Employer Contact Centre. Once you are registered, you will receive a user ID and password by email. The email will also provide you with your utilization report and amended utilization report templates and links to:
To protect your employees’ personal information, please do not send any documentation including Social Insurance Numbers (SINs) by email or by fax.
Only the enrolment sheet and utilization reports are to be submitted via Data Gateway. Any documents submitted that are not in the appropriate format will be rejected by the processing centre.
Employers who enter into a Work-Sharing agreement must complete a utilization report every week, starting with the week of implementation of the Work-Sharing agreement, in order to:
- track the percentage of reduction in work hours each week (utilization)
- enable Employment Insurance to determine the benefits payable to the employees
- submit a utilization report for every week during the period of the agreement including weeks:
- of shutdown
- with statutory holidays
- during which no hours are missed due to Work-Sharing
- submit utilization reports using the Data Gateway or by courier.
To obtain a copy of the utilization report template, please contact the Employer Contact Centre.
If the Work-Sharing agreement includes more than 1000 employees, please contact the Regional Work-Sharing Unit that processed your Work-Sharing agreement for this utilization report.
If you need to change information on a utilization report that has already submitted to Service Canada, you will need to complete and submit a utilization report amendment.
- complete all the same fields on the utilization report amendment that you would on the usual utilization report template and make the necessary changes as outlined in the How to complete your utilization report
- complete and submit the utilization report amendment document through Data Gateway or by courier for processing
You will find the utilization report amendment document in the email sent to your business when your Data Gateway account was setup. If you do not have this email, contact the Employer Contact Centre to request the document.
Please refer to the How to complete your utilization report for step-by-step guidance.
Employers must complete the enrolment sheet and submit it via Data Gateway to Employment Insurance upon signing a Work-Sharing agreement. The enrolment sheet lists all employees participating in Work-Sharing, their Social Insurance Numbers (SINs) and their normal weekly hours.
Please note that the enrolment sheet details must exactly match the employees listed in the Attachment A EMP-5101 at the time of signing the agreement. If you need to modify the list of participants (remove/add/substitute), you must make changes to the Work-Sharing agreement.
As the employer, you may submit the enrolment sheet through the Data Gateway or by courier.
Making changes to a Work-Sharing agreement
The following changes require prior approval from Service Canada:
- agreement extensions
- additions, deletions and substitutions to the Work-Sharing unit(s)
- changes to work schedules on a continuing basis
- changes to employer representative, employee representative and/or union representative
- any changes to an employee representative and/or union representative must be communicated to all participants in the Work-Sharing unit(s)
You cannot implement changes until you receive approval from Service Canada.
Employers wishing to make changes to their Work-Sharing agreement must :
- complete the Work-Sharing Application form EMP5100. At the top of the form, do not forget to check the box corresponding to the type of amendment requested
- include an updated Attachment A: Work-Sharing Unit form EMP5101 if the change adds or removes participants or changes the employee representative/union representative in the Work-Sharing Unit
- ensure that the employer representative and the employee representative/union representative, authorized all changes and are included when submitting the applicable forms
- submit the completed forms to the appropriate Regional Work-Sharing Unit for approval at least 10 business days in advance of the requested change
- ensure the change is reflected on your weekly utilization report once you receive approval.
- for guidance on how to update your utilization report to reflect the approved changes, refer to How to complete your utilization report or contact the Employer Contact Centre
Extension to the agreement
The length of a Work-Sharing agreement is a minimum of 6 weeks and can last up to 26 weeks. An employer may request an extension up to 12 weeks to a maximum agreement duration of 38 weeks.
Extensions are not automatic. Employers must submit a request to extend their agreement at least 10 business days prior to the end date of their initial agreement.
Extension requests must be submitted to Service Canada via the applicable Regional Work-Sharing Unit by completing the following:
Service Canada must assess and approve your application request for an extension. Upon approval of your extension, you must sign a new Work-Sharing agreement document.
Adding, deleting and substituting Work-Sharing unit members
When adding or removing participants from the Work-Sharing unit, employers must complete the Work-Sharing application form EMP5100 and must include an updated Work-Sharing Unit Attachment A EMP5101 form reflecting the changes.
Once both forms are completed and all representatives agree to the change(s), the employer must submit the forms by email to the appropriate Regional Work-Sharing Unit for approval. The employer representative must include the employee representative and/or union representative in their email amendment request.
You must notify the appropriate Regional Work-Sharing Unit in writing immediately should any Work-Sharing unit members leave the company. This includes the following reasons for employee departure:
- dismissed or suspended
- illness or injury
- maternity or parental leave
- compassionate care or family caregiving
- apprentice training
- leave of absence
- shortage of work (layoff)
In the email notification, you must include:
- the amended Work-Sharing application form EMP5100
- the updated Work-Sharing Unit Attachment A EMP5101
- the name of the affected employee(s)
- the employee(s) last day of work, and
- the reason for departure
Employers may have planned shutdowns when they cease or suspend operations or activities. During a Work-Sharing agreement, shutdowns require Service Canada approval in advance and should be included on the application for Work-Sharing. If not approved at the time of the application to the Work-Sharing program, a shutdown request should be sent to the Regional Work-Sharing Unit for approval at least 10 business days in advance of the planned shutdown. Shutdown cannot occur without first getting Service Canada approval or it may result in the termination of the agreement.
Please note: Shutdowns do not result in an extension to the duration of the Work-Sharing agreement.
Skills enhancement, whether on-the-job training or off-site courses, may take place during the period of a Work-Sharing agreement. Training activities for members of the Work-Sharing unit may be included in the recovery measures.
Employee training may take place during the non-working days/hours of the Work-Sharing agreement. Employment Insurance does not compensate salary costs of employees taking part in training activities during normal scheduled working hours/days.
The employer cannot intentionally reduce the scheduled working hours of employees in a Work-Sharing unit in order to allow employees to take part in training.
Employees attending training during non-working days/hours may receive Employment Insurance Work-Sharing benefits. However, employee attendance is optional.
Apprenticeship is a formal training program of skills acquisition in a trade, consisting of alternating periods of on-the-job and classroom training, and leading to certification as a journeyperson.
Each province and territory has its own government office that oversees apprenticeship training and certification for that province or territory.
Employees must be referred to apprenticeship training by a designated authority. When attending apprenticeship training, the employee must be removed from the Work-Sharing unit.
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