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COVID-19 Emergency Response Act (S.C. 2020, c. 5)

Full Document:  

Assented to 2020-03-25

PART 18Employment Insurance

DIVISION 11996, c. 23Employment Insurance Act

57 The Employment Insurance Act is amended by adding the following after section 153.2:

PART VIII.3Interim Orders

Marginal note:COVID-19

  • 153.3 (1) The Minister may, for the purpose of mitigating the economic effects of the coronavirus disease 2019 (COVID-19), make interim orders that

    • (a) add provisions, including provisions that provide for new benefits, to this Act or any regulation made under this Act;

    • (b) adapt provisions of this Act or any regulation made under this Act; or

    • (c) provide that any provisions of this Act or a regulation made under this Act do not apply in whole or in part.

  • Marginal note:Restriction

    (2) An interim order is not to be made under subsection (1) in respect of Part IV or VII or in respect of a regulation made under this Act for the purposes of those Parts.

  • Marginal note:Condition precedent — Minister of Finance

    (3) An interim order is not to be made under subsection (1) without the consent of the Minister of Finance.

  • Marginal note:Condition precedent — President of the Treasury Board

    (4) An interim order is not to be made under subsection (1) in respect of Part III or in respect of a regulation made under this Act for the purposes of that Part without the additional consent of the President of the Treasury Board.

  • Marginal note:Consultation with Commission

    (5) For greater certainty, the Minister may consult the Commission before making an interim order under subsection (1).

  • Marginal note:Retroactive effect

    (6) An interim order made under subsection (1) may, if it so provides, have retroactive effect.

  • Marginal note:Cessation of effect

    (7) An interim order made under subsection (1) must contain provisions that cause any provision added under paragraph (1)(a), any adaptation made under paragraph (1)(b) and any non-application provision made under paragraph (1)(c) to cease to apply on the earliest of

    • (a) the day, if any, specified in the interim order,

    • (b) the day on which the interim order is repealed, and

    • (c) the Saturday after the first anniversary of the day on which the interim order takes effect.

  • Marginal note:Conflict

    (8) If an interim order made under subsection (1) or a provision added under paragraph (1)(a) provides that it applies despite any provision of this Act or any regulation made under this Act, the interim order or added provision prevails to the extent that it conflicts with this Act or any regulation made under this Act.

  • Marginal note:Restriction

    (9) The power to make an interim order under subsection (1) is not to be exercised after September 30, 2020.

Marginal note:Accessory orders

153.4 The Minister may make orders for the purpose of ensuring that interim orders made under subsection 153.3(1) only have temporary effect, including orders that repeal any provision added under paragraph 153.3(1)(a).

DIVISION 2Medical Certificates

Marginal note:Medical certificates

  • 58 (1) Despite any provision of the Employment Insurance Act and of any regulations made under it,

    • (a) every reference in any provision of that Act or those regulations to a certificate issued by a medical doctor or other medical professional or medical practitioner or by a nurse practitioner is deemed to be of no effect; and

    • (b) any benefit that would have been payable to a claimant had such a certificate been issued is payable to them if the Commission is satisfied that they are entitled to the benefit.

  • Marginal note:Application of provisions

    (2) The Commission is authorized to apply the provisions of the Employment Insurance Act and of the regulations in the manner that it considers most appropriate for the purpose of applying subsection (1).

  • Marginal note:Duration

    (3) Subsections (1) and (2) apply until September 30, 2020.

  • Marginal note:Words and expressions

    (4) Words and expressions used in this section and section 60 have the same meaning as in the Employment Insurance Act.

Marginal note:Repeal

59 Section 58 is repealed.

Marginal note:Transitional provision

60 Section 58, as it read immediately before the day fixed under section 61, continues to apply in respect of any claimant whose benefit period begins before that day.

Marginal note:October 1, 2020

61 Section 59 comes into force on October 1, 2020.

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