Emergency EI Benefit Eligibility Expanded

Summary#

This is Interim Order No. 3 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) (SOR/2020-89). It temporarily expands who can get the federal emergency benefit for workers affected by COVID‑19 and is treated as having come into force on March 15, 2020.

What it does#

• Adds a new category of people who can get the Employment Insurance Emergency Response Benefit: those who are unable to start working for reasons related to COVID‑19 and who, between December 29, 2019 and October 3, 2020, were paid at least one qualifying EI benefit and have since exhausted or otherwise cannot receive the rest of those benefits.
• Sets basic eligibility rules for that new group: they must
  • reside in Canada,
  • be at least 15 years old,
  • have had $5,000 or more in insurable earnings in 2019 or in the 52 weeks before they apply,
  • have no employment or self‑employment income for at least seven consecutive days in the two‑week period they are claiming the benefit.
• Allows a limited income exception: if a claimant earns up to $1,000 from work over any four‑week period covered by the benefit, they are treated as meeting the “no income for seven days” rule.
• Clarifies which parts of the Employment Insurance Act apply to this interim order.
• States the order applies despite any conflicting provision of the Employment Insurance Act or its regulations.

Who's affected#

• Workers who recently exhausted or could not receive the remainder of their regular EI benefits and who cannot start work because of COVID‑19.
• People who were paid qualifying EI benefits between December 29, 2019 and October 3, 2020.
• Claimants who meet the income and residency tests: at least 15 years old, live in Canada, and have at least $5,000 in insurable earnings in the relevant period.
• Others already covered by the Emergency Response Benefit rules may be indirectly affected by the clarified eligibility and income‑exception rules.

If it’s unclear whether someone qualifies in their specific situation, the order’s wording and the original law may need checking with Employment and Social Development Canada.

Why it matters#

• It makes the emergency benefit available to people who had recently used up regular EI but then couldn’t find work because of the pandemic. That could restore short‑term income for people otherwise left without EI support.
• The retroactive effective date (March 15, 2020) means people who were out of work from that date may be covered.
• The $5,000 earnings test and the $1,000 partial‑income allowance are concrete thresholds that determine who can get the benefit.
• The measure is temporary and was created to respond quickly to the economic effects of COVID‑19.