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

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

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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 ==

Clicklaw Editor: /* D. Interruption of Earnings */

2023-08-29T18:14:38Z

D. Interruption of Earnings

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	== D. Interruption of Earnings ==		== D. Interruption of Earnings ==


	To establish a claim, the worker must have an “interruption of earnings.” An interruption of earnings is defined in ''EI Regulations'' s. 14 as occurring when:		To establish a claim, the worker must have an “interruption of earnings.” An interruption of earnings is defined in ''EI Regulations'' s. 14 as occurring when:

	:: an insured person is laid off or separated from an employment and has a period of '''seven or more consecutive days''' during which '''no work is performed''' for that employer and '''no earnings are payable''' from that employment.		:: an insured person is laid off or separated from an employment and has a period of '''seven or more consecutive days''' during which '''no work is performed''' for that employer and '''no earnings are payable''' from that employment.


	Layoff, the end of a contract, and dismissal can all be causes of an interruption of earnings.		Layoff, the end of a contract, and dismissal can all be causes of an interruption of earnings.


	A substantial reduction in work hours, such as transitioning from full-time employment to one day a week or less, '''does not''' meet the criteria for an interruption of earnings for regular benefits. Therefore, an individual whose work hours are substantially reduced cannot file a claim unless they experience a complete week of unemployment. Special benefits may be an exception to this rule. However, if there is an interruption of earnings from one of two part-time jobs with the same employer, the claimant may be eligible.		A substantial reduction in work hours, such as transitioning from full-time employment to one day a week or less, '''does not''' meet the criteria for an interruption of earnings for regular benefits. Therefore, an individual whose work hours are substantially reduced cannot file a claim unless they experience a complete week of unemployment. Special benefits may be an exception to this rule. However, if there is an interruption of earnings from one of two part-time jobs with the same employer, the claimant may be eligible.

			:'''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.
	'''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.


	=== 1. Weeks of Unemployment ===		=== 1. Weeks of Unemployment ===


	A “week of unemployment” is defined in s. 11(1) of the ''EI Act'' as “a week in which the claimant does not work a full working week.” However, the subsequent subsections of s. 11 describe situations which ''do not'' amount to an interruption of earnings as defined in s. 14.		A “week of unemployment” is defined in s. 11(1) of the ''EI Act'' as “a week in which the claimant does not work a full working week.” However, the subsequent subsections of s. 11 describe situations which ''do not'' amount to an interruption of earnings as defined in s. 14.


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