Qualifying for Employment Insurance (8:III) - Revision history

Nate Russell: 2026 update

2026-09-28T19:35:00Z

2026 update

LSLAP at 19:08, 13 October 2025

2025-10-13T19:08:28Z

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LSLAP: /* E. Filing an Application */

2025-09-28T18:58:03Z

E. Filing an Application

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	'''NOTE''': Applications may be filed online through the ESDC website. Applicants filing online must still submit their ROE(s) by mail or in person, unless their ROE has a “W” or “S” serial number on it. A “W” or “S” means their employer has provided the ROE electronically to the local office and the claimant is not required to submit the paper copy. Claimants may review and edit their claim information online by using their My Service Canada Account (“MSCA”).		'''NOTE''': Applications may be filed online through the ESDC website. Applicants filing online must still submit their ROE(s) by mail or in person, unless their ROE has a “W” or “S” serial number on it. A “W” or “S” means their employer has provided the ROE electronically to the local office and the claimant is not required to submit the paper copy. Claimants may review and edit their claim information online by using their My Service Canada Account (“MSCA”).

			For general information about filing an application and about the EI system, visit:
			https://www.canada.ca/en/services/benefits/ei/ei-apply-online.html.

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LSLAP at 18:47, 28 September 2025

2025-09-28T18:47:16Z

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	The interruption of earnings must be complete. If an employee's hours are reduced, but they still work at least some hours over seven consecutive days, their earnings are not interrupted. A voluntary leave of absence (e.g., for sickness or vacation) also does not create an interruption of earnings.		The interruption of earnings must be complete. If an employee's hours are reduced, but they still work at least some hours over seven consecutive days, their earnings are not interrupted. A voluntary leave of absence (e.g., for sickness or vacation) also does not create an interruption of earnings.

	Employees with irregular or rotational schedules do not have an interruption of earnings if going seven or more days without work is normal for their job. In [https://canlii.ca/t/jw2w3 D.B. v CEIC] (2022) the General Division of the Social Security Tribunal (“SST”) held that a claimant with a schedule of fourteen days working followed by seven days off (common in fly-in-fly-out employment) did not experience an interruption of earnings, because they were not laid off or separated from their employment, and were instead just following their ordinary work schedule.		Employees with irregular or rotational schedules do not have an interruption of earnings if going seven or more days without work is normal for their job. In ''[https://canlii.ca/t/jw2w3 D.B. v CEIC]'', (2022) the General Division of the Social Security Tribunal (“SST”) held that a claimant with a schedule of fourteen days working followed by seven days off (common in fly-in-fly-out employment) did not experience an interruption of earnings, because they were not laid off or separated from their employment, and were instead just following their ordinary work schedule.

	Money received upon the termination of employment (e.g., vacation and severance pay) does not delay the interruption of earnings, but it may delay the start of the EI benefits period. An employee receiving a severance package equal to 3 months of their regular salary will not receive EI payments until that severance period is over. However, they must apply for EI immediately after termination, or risk disentitlement. This is true regardless of whether the severance package is in the form of a single lump-sum payment, or the continuance of the employee’s salary for a limited time.		Money received upon the termination of employment (e.g., vacation and severance pay) does not delay the interruption of earnings, but it may delay the start of the EI benefits period. An employee receiving a severance package equal to 3 months of their regular salary will not receive EI payments until that severance period is over. However, they must apply for EI immediately after termination, or risk disentitlement. This is true regardless of whether the severance package is in the form of a single lump-sum payment, or the continuance of the employee’s salary for a limited time.

LSLAP: /* E. Filing an Application */

2024-08-09T00:55:25Z

E. Filing an Application

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	'''NOTE''': Applications may be filed online through the ESDC website. Applicants filing online must still submit their ROE(s) by mail or in person, unless their ROE has a “W” or “S” serial number on it. A “W” or “S” means their employer has provided the ROE electronically to the local office and the claimant is not required to submit the paper copy. Claimants may review and edit their claim information online by using their My Service Canada Account (“MSCA”).		'''NOTE''': Applications may be filed online through the ESDC website. Applicants filing online must still submit their ROE(s) by mail or in person, unless their ROE has a “W” or “S” serial number on it. A “W” or “S” means their employer has provided the ROE electronically to the local office and the claimant is not required to submit the paper copy. Claimants may review and edit their claim information online by using their My Service Canada Account (“MSCA”).


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LSLAP at 11:40, 8 August 2024

2024-08-08T11:40:50Z

Show changes

LSLAP at 11:30, 8 August 2024

2024-08-08T11:30:23Z

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	Money received upon the termination of employment (e.g., vacation and severance pay) does not delay the interruption of earnings, but it may delay the start of the EI benefits period. An employee receiving a severance package equal to 3 months of their regular salary will not receive EI payments until that severance period is over. However, they must apply for EI immediately after termination, or risk disentitlement. This is true regardless of whether the severance package is in the form of a single lump-sum payment, or the continuance of the employee’s salary for a limited time.		Money received upon the termination of employment (e.g., vacation and severance pay) does not delay the interruption of earnings, but it may delay the start of the EI benefits period. An employee receiving a severance package equal to 3 months of their regular salary will not receive EI payments until that severance period is over. However, they must apply for EI immediately after termination, or risk disentitlement. This is true regardless of whether the severance package is in the form of a single lump-sum payment, or the continuance of the employee’s salary for a limited time.

	:'''Note''': In the case of special benefits, an interruption of earnings is deemed to have occurred when a worker experiences a reduction in earnings exceeding 40% of their normal weekly earnings. A worker may take a voluntary leave of absence to access special benefits		'''Note'' In the case of special benefits, an interruption of earnings is deemed to have occurred when a worker experiences a reduction in earnings exceeding 40% of their normal weekly earnings. A worker may take a voluntary leave of absence to access special benefits

	== B. Qualifying Period ==		== B. Qualifying Period ==

LSLAP: /* A. Interruption of Earnings */

2024-08-08T11:29:11Z

A. Interruption of Earnings

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	== A. ~~Insurable Employment~~ ==		== A. Interruption of Earnings ==

	~~Sections 5(1) and (2)~~ of ~~the ''EI Act'' set out what is~~ and ~~what is not insurable employment. Please note that s. 5(2) outlines specific instances of employment that are not insurable (e.g.,~~ employment in Canada by an international organization, by a foreign government, or by His Majesty in right of a province). When in doubt, the reader should consult s. 5 of the ''EI Act'' and s. 3 of the ''EI Regulations.''		An interruption of earnings happens when an employee does not work and earns no income for seven consecutive days after being laid off or separated from their employment.

	~~Generally~~, ~~if the employer has deducted EI premiums~~, ~~then the employment is insurable~~. ~~However, it is the '''nature~~ of ~~the employment'''~~, ~~and~~ not ~~the premiums paid, that is determinative~~.		The interruption of earnings must be complete. If an employee's hours are reduced, but they still work at least some hours over seven consecutive days, their earnings are not interrupted. A voluntary leave of absence (e.g., for sickness or vacation) also does not create an interruption of earnings.

	~~Some disputes are determined ''solely'' by~~ the ~~Canada Revenue Agency~~ (~~“'''CRA'''”~~)~~. These disputes concern s. 90~~(1) of ~~the ''EI Act''~~, and ~~include:~~		Employees with irregular or rotational schedules do not have an interruption of earnings if going seven or more days without work is normal for their job. In [https://canlii.ca/t/jw2w3 D.B. v CEIC] (2022) the General Division of the Social Security Tribunal (“SST”) held that a claimant with a schedule of fourteen days working followed by seven days off (common in fly-in-fly-out employment) did not experience an interruption of earnings, because they were not laid off or separated from their employment, and were instead just following their ordinary work schedule.

	~~:(a) whether an~~ employment ~~is insurable;~~		Money received upon the termination of employment (e.g., vacation and severance pay) does not delay the interruption of earnings, but it may delay the start of the EI benefits period. An employee receiving a severance package equal to 3 months of their regular salary will not receive EI payments until that severance period is over. However, they must apply for EI immediately after termination, or risk disentitlement. This is true regardless of whether the severance package is in the form of a single lump-sum payment, or the continuance of the employee’s salary for a limited time.
	:(~~b) how long an insurable employment lasts~~, ~~including the dates on which it begins~~ and ~~ends;~~
	~~:(c~~) ~~what is~~ the ~~amount~~ of ~~any insurable~~ earnings;
	~~:(d) how many hours an insured person has had in insurable employment;~~
	~~:(e) whether~~ a ~~premium~~ is ~~payable;~~
	~~:(f) what~~ is the ~~amount~~ of a ~~premium payable;~~
	~~:(g) who is~~ the ~~employer~~ of ~~an insured person;~~
	~~:(h) whether employers are associated employers; and~~
	~~:(i) what amount shall be refunded under s. 96(4) to (10)~~.

	~~Appeals of decisions by the CRA are made first to the Minister of National Revenue (within 90 days of being informed of the decision), and then to the Tax Court of Canada (~~''~~EI Act~~'', ~~s. 103). Tax Court decisions can be appealed~~ to ~~the Federal Court~~ of ~~Appeal under s~~. 27 of ~~the ''Federal Court Act'', RSC 1985, c. F-7.~~		:'''Note''': In the case of special benefits, an interruption of earnings is deemed to have occurred when a worker experiences a reduction in earnings exceeding 40% of their normal weekly earnings. A worker may take a voluntary leave of absence to access special benefits

	== B. Qualifying Period ==		== B. Qualifying Period ==

Clicklaw Editor: /* F. Filing an Application */

2023-08-29T18:16:15Z

F. Filing an Application

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	== F. Filing an Application ==		== F. Filing an Application ==


	'''Applications should be filed during the first full week of unemployment''' (see [[Checklist for Initial Application for Employment Insurance (8:App A)\|'''Appendix A: Checklist for Initial Application for EI Applications''']]). However, as a matter of policy, applications will be automatically “antedated” (see Section [[Benefit Period of Employment Insurance (8:V)\|'''V.B: Antedating''']]) for up to four weeks following the week of the interruption of earnings. If the claimant delays longer than this, they may lose benefits unless they are able to show “good cause” for the delay. Because of this, if a claimant cannot get an ROE immediately, they should still go to the nearest Canada Employment Insurance Commission office and complete an application. Usually, the Commission will want to have an ROE before they process the claim. However, claimants should always ensure they apply on time even if they do not yet have their ROE. The Claimant should make efforts to get the ROE from the employer. If the Claimant is unsuccessful, the Commission will contact the employer if the record is not completed on time. If necessary, a claimant may prove their employment history and insurable earnings by filing an application supported by pay slips and cheque stubs, etc.		'''Applications should be filed during the first full week of unemployment''' (see [[Checklist for Initial Application for Employment Insurance (8:App A)\|'''Appendix A: Checklist for Initial Application for EI Applications''']]). However, as a matter of policy, applications will be automatically “antedated” (see Section [[Benefit Period of Employment Insurance (8:V)\|'''V.B: Antedating''']]) for up to four weeks following the week of the interruption of earnings. If the claimant delays longer than this, they may lose benefits unless they are able to show “good cause” for the delay. Because of this, if a claimant cannot get an ROE immediately, they should still go to the nearest Canada Employment Insurance Commission office and complete an application. Usually, the Commission will want to have an ROE before they process the claim. However, claimants should always ensure they apply on time even if they do not yet have their ROE. The Claimant should make efforts to get the ROE from the employer. If the Claimant is unsuccessful, the Commission will contact the employer if the record is not completed on time. If necessary, a claimant may prove their employment history and insurable earnings by filing an application supported by pay slips and cheque stubs, etc.

			:'''Note''': Applications may be filed online through the ESDC website. Applicants filing online must still submit their ROE(s) by mail or in person. If the claimant’s ROE has a “W” or “S” serial number, their employer has provided the ROE electronically to the local office and the claimant is not required to submit the paper copy. Claimants may review and edit their claim information online by using their My Service Canada Account (“MSCA”).
	'''Note''': Applications may be filed online through the ESDC website. Applicants filing online must still submit their ROE(s) by mail or in person. If the claimant’s ROE has a “W” or “S” serial number, their employer has provided the ROE electronically to the local office and the claimant is not required to submit the paper copy. Claimants may review and edit their claim information online by using their My Service Canada Account (“MSCA”).


	For general information about filing an application and about the EI system, visit: https://www.canada.ca/en/services/benefits/ei/ei-apply-online.html.		For general information about filing an application and about the EI system, visit: https://www.canada.ca/en/services/benefits/ei/ei-apply-online.html.

Clicklaw Editor: /* E. Record of Employment */

2023-08-29T18:15:42Z

E. Record of Employment

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	== E. Record of Employment ==		== E. Record of Employment ==


	Typically, the record of employment (“'''ROE'''”) serves as the primary proof to establish an interruption of earnings. Employers have an obligation to issue an ROE for an insured individual when there is an interruption of earnings (''EI Regulations'', s. 19(2)).		Typically, the record of employment (“'''ROE'''”) serves as the primary proof to establish an interruption of earnings. Employers have an obligation to issue an ROE for an insured individual when there is an interruption of earnings (''EI Regulations'', s. 19(2)).


	An employer who completes a paper form must provide an employee with an ROE within five days of the first day of the interruption of earnings, or the day on which the employer becomes aware of the interruption of earnings.		An employer who completes a paper form must provide an employee with an ROE within five days of the first day of the interruption of earnings, or the day on which the employer becomes aware of the interruption of earnings.


	However, when the ROE is completed in electronic form, it must be submitted to the Commission no later than five days after the end of the pay period in which the first day of the interruption of earnings occurred. The rules governing this process are outlined in s. 19(3.1) of the ''EI Regulations''. If there are thirteen or fewer pay periods within a year, the ROE must be submitted to the Commission no later than fifteen days after the first day of the interruption of earnings. It is important to note that when an employer completes an ROE in electronic form, they are not required to provide a copy to the employee.		However, when the ROE is completed in electronic form, it must be submitted to the Commission no later than five days after the end of the pay period in which the first day of the interruption of earnings occurred. The rules governing this process are outlined in s. 19(3.1) of the ''EI Regulations''. If there are thirteen or fewer pay periods within a year, the ROE must be submitted to the Commission no later than fifteen days after the first day of the interruption of earnings. It is important to note that when an employer completes an ROE in electronic form, they are not required to provide a copy to the employee.


	The ROE contains crucial information for an EI claim. It sets out the first and last dates of employment, the total hours worked, and the total earnings. These details are utilized to calculate the eligible amount of benefits. Additionally, the ROE indicates the reason for separation. In cases where it states that the claimant resigned or was terminated, the Commission is obligated to investigate the circumstances and reasoning. Based on the Commission’s findings, the claimant may be disqualified from receiving regular benefits entirely (see Section [[Quantifying Employment Insurance Benefits (8:VI)\|'''VI.C: Effect of Earnings''']]).		The ROE contains crucial information for an EI claim. It sets out the first and last dates of employment, the total hours worked, and the total earnings. These details are utilized to calculate the eligible amount of benefits. Additionally, the ROE indicates the reason for separation. In cases where it states that the claimant resigned or was terminated, the Commission is obligated to investigate the circumstances and reasoning. Based on the Commission’s findings, the claimant may be disqualified from receiving regular benefits entirely (see Section [[Quantifying Employment Insurance Benefits (8:VI)\|'''VI.C: Effect of Earnings''']]).


	If the claimant disagrees with statements in the ROE, they can ask the employer to correct them. The claimant should also bring the errors to the Commission’s attention at the time of application.		If the claimant disagrees with statements in the ROE, they can ask the employer to correct them. The claimant should also bring the errors to the Commission’s attention at the time of application.

			:'''Note''': It is crucial for claimants who have held multiple jobs during the qualifying period to retain the ROEs from each employer.
	'''Note''': It is crucial for claimants who have held multiple jobs during the qualifying period to retain the ROEs from each employer.


	== F. Filing an Application ==		== F. Filing an Application ==

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	An interruption of earnings happens when an employee does not work and earns no income for seven consecutive days after being laid off or separated from their employment.		An interruption of earnings happens when an employee does not work and earns no income for seven consecutive days after being laid off or separated from their employment.

	The interruption of earnings must be complete. If an employee's hours are reduced, but they still work at least some hours over seven consecutive days, their earnings are not interrupted~~. A voluntary leave of absence (e.g., for sickness or vacation) also does not create an interruption of earnings~~.		The interruption of earnings must be complete. If an employee's hours are reduced, but they still work at least some hours over seven consecutive days, their earnings are not interrupted.

	Employees with irregular or rotational schedules do not have an interruption of earnings if going seven or more days without work is normal for their job. ~~In ''[https://canlii.ca/t/jw2w3 D.B. v CEIC]'', (2022) the General Division of the Social Security Tribunal (“SST”) held that a~~ claimant with a schedule of fourteen days working followed by seven days off (common in fly-in-fly-out employment) ~~did~~ not experience an interruption of earnings, because they were not laid off or separated from their employment, and were instead just following their ordinary work schedule.		Employees with irregular or rotational schedules do not have an interruption of earnings if going seven or more days without work is normal for their job. A claimant with a schedule of fourteen days working followed by seven days off (common in fly-in-fly-out employment) may not experience an interruption of earnings, because they were not laid off or separated from their employment, and were instead just following their ordinary work schedule.

	Money received upon the termination of employment (e.g., vacation and severance pay) does not delay the interruption of earnings, ~~but~~ it may delay the ~~start of~~ the EI benefits period. An employee receiving a severance package equal to 3 months of their regular salary will not receive EI payments until that severance period is over. However, they ~~must~~ apply for EI immediately after termination~~, or risk disentitlement~~. This is true regardless of whether the severance package is in the form of a single lump-sum payment, or the continuance of the employee’s salary for a limited time.		Money received upon the termination of employment (e.g., vacation and severance pay) does not delay the interruption of earnings. However, it may delay the date on which the claimant begins receiving EI benefits. In such cases, the benefit period may be established, but the claimant may not yet be eligible to receive benefits. Under the temporary measures, however, the waiting period is waived for all new claims for EI benefits that start between March 30, 2025, and October 10, 2026 (see section D: Temporary EI Measures Regarding Foreign Tariffs). An employee receiving a severance package equal to 3 months of their regular salary will not receive EI payments until that severance period is over. However, they should apply for EI immediately after termination. This is true regardless of whether the severance package is in the form of a single lump-sum payment, or the continuance of the employee’s salary for a limited time.

	'''Note:''' In the case of special benefits, an interruption of earnings ~~is deemed to have occurred~~ when a worker experiences a reduction in earnings exceeding 40% of their normal weekly earnings. ~~A worker may take a voluntary leave of absence to access special benefits~~		'''Note:''' In the case of special benefits, an interruption of earnings occurs when a worker experiences a reduction in earnings exceeding 40% of their normal weekly earnings.


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	=== 1. EI Exempt Employers ===		=== 1. EI Exempt Employers ===

	Provincial governments and international organizations or governments are not required to insure their employees through EI, but they may opt into the program. Although not required by the EI Act, almost all employees of the province of British Columbia are insured under it~~. Typically, participation in EI is required by the terms of a province’s collective agreements with its public sector unions~~.		Provincial governments and international organizations or governments are not required to insure their employees through EI, but they may opt into the program. Although not required by the EI Act, almost all employees of the province of British Columbia are insured under it.

	=== 2. Self-Employment ===		=== 2. Self-Employment ===

	Hours worked while self-employed are not insurable. A person is self-employed if they operate a business or work alone as an independent contractor. A person is not self-employed if their work is characterized by an employee/employer relationship, where someone else controls where, when and how their work is done. This remains so even if their employment contract states that they are an independent contractor. A self-employed person is not eligible for regular EI benefits, ~~but~~ may access special benefits by ~~registering for~~ the “[https://www.canada.ca/en/services/benefits/ei/ei-self-employed-workers.html EI benefits for self-employed people” program].		Hours worked while self-employed are not insurable. A person is self-employed if they operate a business or work alone as an independent contractor. A person is not self-employed if their work is characterized by an employee/employer relationship, where someone else controls where, when and how their work is done. This remains so even if their employment contract states that they are an independent contractor. While a self-employed person is not eligible for regular EI benefits, they may access EI special benefits by opting into the “[https://www.canada.ca/en/services/benefits/ei/ei-self-employed-workers.html EI benefits for self-employed people” program], which requires payment of the required premiums and a commitment to participate for the required period.

	=== 3. Employment not at arms's length ===		=== 3. Employment not at arms's length ===
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	The qualifying period is the time frame during which a worker must have accumulated enough insurable hours to be eligible for EI benefits.		The qualifying period is the time frame during which a worker must have accumulated enough insurable hours to be eligible for EI benefits.

	If a claimant applies for EI within 30 days of their interruption of earnings, their qualifying period will generally be the 52 weeks ~~before their~~ interruption of earnings. If they miss ~~the~~ deadline, it will be the 52 weeks ~~before~~ their application ~~was sent~~. Once a claimant ~~accesses~~ EI, ~~their~~ qualifying period resets and the qualifying period for any EI claim ~~made in the next year will begin with~~ the start of ~~their last~~ benefit period.		If a claimant applies for EI within 30 days of their interruption of earnings, their qualifying period will generally be the 52 weeks preceding the interruption of earnings. If they miss this deadline, their qualifying period will generally be the 52 weeks preceding the date their application is filed. Once a claimant establishes an EI claim, the qualifying period resets, and the qualifying period for any subsequent EI claim cannot extend back beyond the start of the previous EI benefit period.

	If a claimant was unable to work during one or more weeks of their qualifying period for a reason identified in the EI Act, the Commission may extend it to a maximum of 104 weeks. These reasons are illness, injury, quarantine, pregnancy, or confinement in a jail for an offence that they were not found guilty of.		If a claimant was unable to work during one or more weeks of their qualifying period for a reason identified in the EI Act, the Commission may extend it to a maximum of 104 weeks. These reasons are illness, injury, quarantine, pregnancy, or confinement in a jail for an offence that they were not found guilty of.
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	== E. Record of Employment ==		== E. Record of Employment ==

	Employers must issue a record of employment (“ROE”) whenever an employee experiences an interruption of earnings. A ROE provides a record of the employee’s first and last day of employment, hours worked, earnings, and the reason for their separation from employment. A ROE is ~~required~~ to determine ~~an insured person’s~~ eligibility for EI ~~and to calculate their~~ benefits.		Employers must issue a record of employment (“ROE”) whenever an employee experiences an interruption of earnings. A ROE provides a record of the employee’s first and last day of employment, hours worked, earnings, and the reason for their separation from employment. The information on the claimant’s ROE is used to determine their eligibility for EI benefits.

	=== 1.Deadline to issue ===		=== 1.Deadline to issue ===
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	=== 2. Applying without a ROE ===		=== 2. Applying without a ROE ===

	~~Even if an insured person does not have access~~ to ~~their~~ ROE, ~~they~~ should still apply to EI ~~as soon as possible~~. All documents required to process an EI claim may be uploaded ~~to an~~ application ~~after it~~ is submitted. If their employer is unwilling or unable to submit an accurate ROE, they should contact an EI representative immediately to explain the situation.		Although it can be difficult to apply for EI without a ROE, a claimant should still apply for EI on time. All documents required to process an EI claim may be uploaded after the application is submitted. If their employer is unwilling or unable to submit an accurate ROE, they should contact an EI representative immediately to explain the situation.

	If the claimant disagrees with statements in the ROE, they should first ask the employer to correct them. The claimant should also bring the errors to the Commission’s attention when they apply.		If the claimant disagrees with statements in the ROE, they should first ask the employer to correct them. The claimant should also bring the errors to the Commission’s attention when they apply.
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	== E. Filing an Application ==		== E. Filing an Application ==

	~~Applications~~ should ~~always~~ be ~~filed during the first full week of unemployment~~. Applications will be automatically “antedated” (see '''Section IV.B: Antedating''') for up to four weeks following the week of the interruption of earnings. If the claimant delays longer than this, they may lose benefits unless they are able to show “good cause” for the delay.		The claimant should be sure to file their application on time. Applications will be automatically “antedated” (see '''Section IV.B: Antedating''') for up to four weeks following the week of the interruption of earnings. If the claimant delays longer than this, they may lose benefits unless they are able to show “good cause” for the delay.

	Because documents may be added to an EI file at any time, an insured person should never delay their application. An incomplete application submitted on-time is always better than a complete one submitted after the deadline. If a claimant does not have access to all documents required for their application, they should first request them from their employer. If unsuccessful, they should contact an EI agent for assistance. If necessary, a claimant may prove their employment history and insurable earnings by filing an application supported by pay slips and cheque stubs, etc.		Because documents may be added to an EI file at any time, an insured person should never delay their application. An incomplete application submitted on-time is always better than a complete one submitted after the deadline. If a claimant does not have access to all documents required for their application, they should first request them from their employer. If unsuccessful, they should contact an EI agent for assistance. If necessary, a claimant may prove their employment history and insurable earnings by filing an application supported by pay slips and cheque stubs, etc.