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 (S.C. 2021, c. 3)
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Assented to 2021-03-17
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
S.C. 2021, c. 3
Assented to 2021-03-17
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
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “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”.
SUMMARY
This enactment amends the Employment Insurance Act in order, temporarily, to increase the maximum number of weeks for which regular benefits may be paid under Part I of that Act and facilitate access to benefits for self-employed persons under Part VII.1 of that Act.
It also amends the Canada Recovery Benefits Act to
(a) add a condition to provide that a person is eligible for benefits only if they were not, at any time during a benefit period, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or
(i) if they were required to do so, the only reason for their having been outside Canada was to receive a necessary medical treatment or to accompany someone who was required to receive a necessary medical treatment, or
(ii) if, as a result of entering into Canada, they were required to isolate themselves under such an order at any time during the benefit period, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves; and
(b) authorize the Minister of Health to assist the Minister of Employment and Social Development in verifying whether a person meets the eligibility condition referred to in paragraph 3(1)(m), 10(1)(i) or 17(1)(i) of the Canada Recovery Benefits Act and to disclose personal information obtained under the Quarantine Act to the Minister of Employment and Social Development for that purpose.
And finally, it amends the Customs Act to authorize the disclosure of information for the purpose of administering or enforcing the Canada Recovery Benefits Act.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1996, c. 23Employment Insurance Act
1 (1) Section 12 of the Employment Insurance Act is amended by adding the following after subsection (2):
Marginal note:General maximum — exception
(2.1) Despite subsection (2), the maximum number of weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) to a claimant whose benefit period begins during the period beginning on September 27, 2020 and ending on September 25, 2021 is 50.
Marginal note:Non-application
(2.2) Subsection (2.1) does not apply to a claimant under the Employment Insurance (Fishing) Regulations.
Marginal note:Exception
(2.3) Despite subsection (2) and subsection 77.992(5) of the Employment Insurance Regulations, the maximum number of weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) to a claimant who is included in Pilot Project No. 21 established under those Regulations and whose benefit period begins during the period beginning on September 27, 2020 and ending on September 25, 2021 is 50.
Marginal note:2016, c. 7, s. 212(4)
(2) Subsection 12(6) of the Act is replaced by the following:
Marginal note:Combined weeks of benefits
(6) In a claimant’s benefit period, the claimant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled under subsection (2), (2.1) or (2.3) and because of a reason mentioned in subsection (3), but the total number of weeks of benefits shall not exceed 50.
Marginal note:2009, c. 33, s. 16
2 Subparagraph 152.07(1)(d)(i) of the Act is replaced by the following:
(i) if the person has not accumulated a violation in the 260 weeks before making their initial claim for benefits,
(A) in the case where the person’s benefit period begins during the period beginning on January 3, 2021 and ending on September 25, 2021, and despite any amount fixed or determined in accordance with the regulations for that qualifying period, $5,000, or
(B) in any other case, $6,000 or the amount fixed or determined in accordance with the regulations, if any, for that qualifying period, or
3 Section 152.11 of the Act is amended by adding the following after subsection (5):
Marginal note:Late claims — clause 152.07(1)(d)(i)(A)
(5.1) For the purposes of subsections (4) and (5), the fact that, but for clause 152.07(1)(d)(i)(A), the claimant would not have qualified to receive benefits is good cause for a delay in making a claim for those benefits.
2020, c. 12, s. 2Canada Recovery Benefits Act
4 Subsection 3(1) of the Canada Recovery Benefits Act is amended by striking out “and” at the end of paragraph (k), by adding “and” at the end of paragraph (l) and by adding the following after paragraph (l):
(m) they were not, at any time during the two-week period, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or
(i) if they were required to do so at any time during the two-week period, the only reason for their having been outside Canada was to
(A) receive a medical treatment that has been certified by a medical practitioner to be necessary, or
(B) accompany a person who has been certified by a medical practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or
(ii) if, as a result of entering into Canada, they were required to isolate themselves under such an order at any time during the two-week period, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves.
5 (1) Subsection 5(1) of the Act is replaced by the following:
Marginal note:Attestation
5 (1) Subject to subsections (2) to (5), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 3(1)(a) to (m).
(2) Section 5 of the Act is amended by adding the following after subsection (4):
Marginal note:Exception — paragraph 3(1)(m)
(5) A person is not required to attest that they meet the eligibility condition referred to in paragraph 3(1)(m) if their application is made before January 11, 2021.
6 Subsection 10(1) of the Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):
(i) they were not, at any time during the week, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or
(i) if they were required to do so at any time during the week, the only reason for their having been outside Canada was to
(A) receive a medical treatment that has been certified by a medical practitioner to be necessary, or
(B) accompany a person who has been certified by a medical practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or
(ii) if, as a result of entering into Canada, they were required to isolate themselves under such an order at any time during the week, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves.
7 (1) Subsection 12(1) of the Act is replaced by the following:
Marginal note:Attestation
12 (1) Subject to subsections (2) and (3), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 10(1)(a) to (i).
(2) Section 12 of the Act is amended by adding the following after subsection (2):
Marginal note:Exception — paragraph 10(1)(i)
(3) A person is not required to attest that they meet the eligibility condition referred to in paragraph 10(1)(i) if their application is made before January 11, 2021.
8 Subsection 17(1) of the Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):
(i) they were not, at any time during the week, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or
(i) if they were required to do so at any time during the week, the only reason for their having been outside Canada was to
(A) receive a medical treatment that has been certified by a medical practitioner to be necessary, or
(B) accompany a person who has been certified by a medical practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or
(ii) if, as a result of entering into Canada, they were required to isolate themselves under such an order at any time during the week, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves.
9 (1) Subsection 19(1) of the Act is replaced by the following:
Marginal note:Attestation
19 (1) Subject to subsections (2) and (3), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 17(1)(a) to (i).
(2) Section 19 of the Act is amended by adding the following after subsection (2):
Marginal note:Exception — paragraph 17(1)(i)
(3) A person is not required to attest that they meet the eligibility condition referred to in paragraph 17(1)(i) if their application is made before January 11, 2021.
10 The Act is amended by adding the following after section 26:
Marginal note:Minister of Health
26.1 The Minister of Health may assist the Minister in verifying whether a person meets the eligibility condition referred to in paragraph 3(1)(m), 10(1)(i) or 17(1)(i) and may, for that purpose, disclose to the Minister personal information obtained under the Quarantine Act in respect of any person who is required to quarantine or isolate themselves under any order made under that Act as a result of entering into Canada, including
(a) their name and date of birth;
(b) the date they entered into Canada; and
(c) the date of the last day on which they are or were required to quarantine or isolate themselves under the order.
R.S., c. 1 (2nd Supp.)Customs Act
Marginal note:2018, c. 30, s. 6
11 Paragraph 107(5)(i) of the Customs Act is replaced by the following:
(i) an official of the Department of Employment and Social Development solely for the purpose of administering or enforcing the Employment Insurance Act, the Old Age Security Act or the Canada Recovery Benefits Act, if the information relates to the movement of people into and out of Canada;
Coming into Force
Marginal note:October 2, 2020
12 Sections 4 to 9 are deemed to have come into force on October 2, 2020.
- Date modified: