Difference between revisions of "Qualifying for Employment Insurance (8:III)"

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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 (i.e. employment in Canada by an international organization, by a foreign government, or by Her 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 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 employment lasts, including the dates on which it begins or ends;
'''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


c) the amount of any insurable earnings;


d) how many hours an insured person has had insurable employment;
== B. Insurable Employment ==


e) whether a premium is payable;
Unless otherwise stated in the EI Act or Regulations all employment in Canada is insurable. Non-insurable employment generally falls into three categories: work for an EI-exempt employer (i.e., a foreign or provincial government), self-employment, and work for an employer who is related or otherwise not at arm’s length to the claimant.


f) the amount of a premium payable;
Generally, if an employee has EI premiums deducted from their paycheck their employment is insurable. However, it is nature of the employment, and not the premiums paid, that is determinative. An employee will not be ineligible for EI because their employer failed to pay EI premiums when they had a legal obligation to do so.


g) who is the employer of an insured person;
All disputes regarding whether an employment is insurable are determined by the Canada Revenue Agency (“CRA”). 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. Tax Court decisions can be appealed to the Federal Court of Appeal.


h) whether employers are associated employers; or
=== 1. EI Exempt Employers ===


i) what amount shall be refunded under s 96(4) - (10);
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.


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


Workers with insurable earnings below $2,000 will have their premiums refunded.
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].


== B. Qualifying Period ==
=== 3. Employment not at arms's length ===


=== 1. General ===
If someone’s employer is a romantic partner, close relative, or otherwise not at arm’s length from them, their employment is only insurable if it would be reasonable to conclude that their employer would have hired a non-related person under a similar contract of employment.  


To qualify for EI benefits, a claimant must have worked a certain number of hours in insurable employment. The required period of time may change as determined by several factors that are explained below. The required number of hours of insurable employment must be accumulated during the claimant's “qualifying period”. The definition of qualifying period is set out in  s 8(1) of the ''EI Act''. This is usually the shorter of either:


# the 52 weeks immediately before the benefit period commences under s 10(1); or
== C. Qualifying Period ==
# the period between the beginning of a prior claim and the beginning of the present one.


=== 2. Extensions of the Qualifying Period ===
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 may be extended (i.e. the Commission will look further back in time) up to a maximum of 104 weeks, as set out in ss 8(2)(a)-(d). It may be extended if the claimant can prove that he or she was unable to work during any of the weeks of the qualifying period because of:
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.


* a) illness, injury, quarantine, or pregnancy;
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.
* b) confined in a jail, penitentiary or other similar institution and was not found guilty of the offence for hwcih the person was being held or any other offence arising out of the same transaction. 
:'''Note:''' Also, since June 30, 2013, individuals who are incarcerated and found guilty of an offence for which they are being detained will no longer be able to have their Employment Insurance qualifying and/or benefit periods extended beyond the usual 52 weeks for each week they are confined in a jail, penitentiary or similar institution;
* c) receiving assistance under employment benefits; or
* d) the claim has left their job due to hazardous work or working conditions.  This covers situations where the claimant has ceased work because to continue would have entailed danger to the worker, the worker's unborn child, or a child whom the worker is breast-feeding.
:'''Note:''' The extension under (d) is limited to situations where a worker would receive payments under provincial law. Many provinces, including BC, do not yet provide for such payments. Consequently, BC workers cannot use (d) as a ground to extend the qualifying period.  


Section 8(3) allows the Commission to extend the qualifying period for persons who were receiving compensation arising from the “complete severance” of a previous employment relationship during the benefit period (e.g. severance pay paid following dismissal). 


The absolute '''maximum extension''' of a qualifying period is '''104 weeks''' (two years). After 104 weeks, no extensions can be made to the claimant’s qualifying period.
== D. Minimum Hours of Employment Required ==


:'''NOTE:''' The qualifying period can never be extended to include a period of time prior to the filing of a previous claim. In other words,  the same insurable hours can never be used for two separate claims.
A claimant must work a certain number of insurable hours during their qualifying period to receive EI benefits. The number to qualify ranges from 420 to 700 hours and is determined by the unemployment rate in the region where the claimant lives.  


== C. Minimum Hours of Employment Required ==
Unemployment rates for EI Economic Regions can be found online at https://srv129.services.gc.ca/ei_regions/eng/rates_cur.aspx.  


=== 1. Types of Claimants (As Defined By the EI Act) ===
You can find the economic region by searching your postal code at the following link: https://srv129.services.gc.ca/ei_regions/eng/postalcode_search.aspx


Claimants are classified differently depending on their prior “attachment” to the labour market. Major attachment claimants will be able to receive special benefits (See [[Types of Employment Insurance Benefits (8:VI) | Section VI: Types of Benefits]]).
If an insured person was found guilty of one or more EI violations during the 260-week period prior to their initial claim, their minimum hours to qualify for EI will be increased. For more information see '''Section VII: Penalties, Violations, and Offences'''.  


==== a) Major Attachment Claimants ====


A major attachment claimant is defined in s 6(1) as a claimant who qualifies to receive benefits and who has 600 or more hours of insurable employment in their qualifying period.
== E. Record of Employment ==


Major attachment claimants are eligible for all types of “special” benefits (e.g. pregnancy, parental, and sickness).
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.


==== b) Minor Attachment Claimants ====
=== 1.Deadline to issue ===
An ROE may be issued electronically or on paper. If the ROE is electronic, it must be provided within five calendar days of the end of the pay period in which an interruption of earnings occurred. If the employer pays their employees thirteen or fewer times a year, the electronic ROE must be submitted within fifteen days of the interruption of earnings. For a paper ROE, the employer must provide a physical copy to the employee within five calendar days of the interruption of earnings, or the day they became aware of the interruption of earnings.


A minor attachment claimant is defined in s 6(1) as a claimant who qualifies to receive benefits and has fewer than 600 hours of insurable  employment in their qualifying period.  
An employer is not obligated to inform an employee after issuing an electronic ROE. An employer issued electronic ROE is linked to the employee’s My Services Canada Account (“MSCA”) through their SIN number. If the employee does not have a MSCA account, their ROE will be linked to it as soon as they register for one, although they may need to wait 5-10 business days for a Personal Access Code to be mailed to them before they can register.  


Minor attachment claimants cannot receive most special benefits.  
=== 2. Applying without a ROE ===


==== c) New Entrants or Re-entrants ====
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.


As of July 3, 2016, section 7(3) to 7(5) of the ''EI Act'' was repealed. The Government eliminated higher EI eligibility requirements for new entrants and re-entrants. The eligibility requirements for new entrants and re-entrants will be calculated the same as other claimants in the region.
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.  


=== 2. Youth and EI ===
'''Note''': It is crucial for claimants who have held multiple jobs during the qualifying period to retain the ROEs from each employer.  


As long as a minor is employed in insurable employment and is paying into the plan, a minor is eligible in the same manner as an adult.


=== 3. Hours Required ===
== E. Filing an Application ==


For claimants to receive the regular benefits, they must meet their '''s. 7 Table''' requirements during the qualifying period.
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 number of hours required to qualify for benefits is based on the unemployment rate of the region in which the claimant lives.  ESDC relies on Statistics Canada’s Labour Force Survey and its “seasonally adjusted average unemployment rate”.  Note that several features of the Labour Force survey make the official unemployment rate appear lower or higher than it actually is based on the use of three-month averaging.  The current rate of unemployment for each region can be found at:
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.
http://srv129.services.gc.ca/ei_regions/eng/rates.aspx?id=2010.
 
'''''EI Act, s. 7'' Table'''
 
{| class="wikitable"
! Regional Rate<br/> Of Unemployment
! Required Number of Hours <br/>of Insurable Employment<br/> in the Qualifying Period
|-
| 6.0% and under
| 700
|-
| over 6.0% to 7.0%
| 665
|-
| over 7.0% to 8.0%
| 630
|-
| over 8.0% to 9.0%
| 595
|-
| over 9.0% to 10.0%
| 560
|-
| over 10.0% to 11.0%
| 525
|-
| over 11.0% to 12.0%
| 490
|-
| over 12.0% to 13.0%
| 455
|-
| over 13.0%
| 420
|}
 
For EI purposes, British Columbia is divided into six regions:
# Southern Interior consisting of Thompson-Nicola, Columbia-Shuswap, Okanagan and Kootenays Regional Districts; 
# Southern Coastal British Columbia, consisting of Comox-Strathcona, Powell River, Squamish-Lillooet, Fraser Valley, Sunshine Coast, Nanaimo, Alberni-Clayoquot, Cowichan Valley and Capital Regional Districts;
# Abbotsford, consisting of Mission and Abbotsford;
# Vancouver, consisting of Greater Vancouver, West Vancouver, North Vancouver, Richmond, Surrey, Delta, Burnaby, Langley, Maple Ridge, Coquitlam, Pitt Meadows and New Westminster;
# Victoria, including Saanich, Metchosin, Oak Bay, Sooke and Esquimalt; and
# Northern British Columbia.
 
For more details on the regions, refer to the ''EI Regulations'', Schedule I, s 7. The monthly seasonally adjusted regional rate is available from Statistics Canada online.
 
:'''NOTE:''' The Commission reviews the boundaries established for the purposes of employment insurance at least once every five years (EI Regulations, s 18(2)).
 
:'''NOTE:''' A claimant who does not qualify at the time of his or her application may subsequently qualify if the regional unemployment rate  should rise into a higher category. However, the converse does not apply. That is, once a claimant meets the requirements, he or she will not be cut off if the rate subsequently goes down.
 
:'''NOTE:''' The number of hours that an insured person (other than a new or re-entrant to the labour force) needs under s 7 to qualify for  benefits is increased to the number shown under s 7.1(1) if one or more violations has occurred in the 260 week period prior to the initial claim (see [[Keeping Out of Trouble on Employment Insurance (8:IX) | Section IX: Keeping Out of Trouble]]).
 
== D. Interruption of Earnings ==
 
To establish a claim, the worker must have an “interruption of earnings.” An interruption of earnings is defined as:
 
::'''Seven or more consecutive days''' during which the employee performs no work and for which the employee will '''receive no earnings'''. (''EI Regulations'', s.14)
 
Layoff, the end of a contract and dismissal can all be causes of an interruption of earnings.
 
A substantial reduction in the hours of work (for example, from full time to one day a week or less) does '''not''' meet this definition.  Consequently, a worker whose hours are drastically reduced cannot establish a claim unless he or she has a full week of unemployment. The only exception is for special benefits. However, if there is an interruption of earnings from one of two part-time jobs with the same employer, then the claimant could qualify.
 
=== 1. Weeks of Unemployment ===
 
“Week of unemployment” is defined in s 11(1) of the ''EI Act''. This definition is important for the  purposes of claiming benefits. The  following subsections of s 11 describe situations which do not amount to an interruption of earnings as defined in s 14.
 
*Subsection (2): a week during which a claimant’s contract of service continues and in respect of which he or she receives, or will receive,  usual remuneration for a full working week, does not constitute a week of unemployment, even if the claimant performs no work during that time.
 
*Subsection (3): where an employee agrees with the employer to take a period of leave from employment, but continues to be an employee during  that period, and receives remuneration that was set aside during a period of work (i.e. vacation pay), any week or part of a week during such a period of leave is not a week of unemployment, regardless of when the remuneration was paid.
 
*Subsection (4): where an insured person regularly works a greater number of hours, days, or shifts than are normally worked by persons in  full time employment, and pursuant to an agreement to which the employer is therefore entitled to a period of leave, the weeks falling in the  period of leave are not considered to be weeks of unemployment.
 
== E. Record of Employment ==
 
An employer who completes a paper form must provide an employee with a Record of Employment (a ROE) five days after the first day of the interruption of earnings, or the day on which the employer becomes aware of the interruption of earnings. Many employers do not follow the  rules and take longer. 
 
The rules for how and when an employer must file a ROE are different if they fill it out online rather than in paper form. The rules for this are set out in s 19(3.1) of the ''Employment Insurance Regulations''. If the ROE is completed in electronic form, it must be sent to the Commission no later than 5 days after the end of the pay period in which the first day of the interruption of earnings fell. If there are 13 or fewer pay periods in a year, then the ROE must be sent to the Commission no later than 15 days after the first day of the interruption of earnings. An employer who completes a ROE in electronic form is not required to send a copy to the employee.
 
The ROE contains information important to the EI claim. It sets out the first and last dates of work, the total hours worked and the total  earnings, which are used to determine the amount of benefits payable and it also sets out the reason for separation. If it says that the claimant quit or was fired, the Commission must investigate the reasons. Depending on the conclusions of the Commission, the claimant may be disqualified from all regular benefits (see [[Quantifying Employment Insurance Benefits (8:V)#D. Effect of Earnings | Section V.D: Effect of Earnings]]).
 
:'''NOTE:''' It is important that claimants who have worked more than one job during the qualifying period retain the ROEs from each employer.  
 
If the claimant disagrees with statements in the ROE, he or she can ask the employer to correct them. The claimant should also bring the errors to the Commission's attention at the time of 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 [[Benefit Period of Employment Insurance (8:IV)#B. Antedating | Section IV.B: Antedating]]) for up to four weeks. If the claimant delays longer than this, he or she may lose benefits unless he or she is able to show “good cause” for the delay. Because of this, if a claimant cannot get a ROE immediately, he or she 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, however 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 his or her employment history and insurable earnings by filing an application supported bypay slips and cheque stubs, etc.
 
:'''NOTE:''' Applications may be filed online through the HRDC web site. 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, his or her employer has provided 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 the “MyEI Information on-line” service provided by service Canada.
 
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.


'''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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Latest revision as of 00:55, 9 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 7, 2024.
LSLAP Manual
LSLAP Manual
This page is from the
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See the full contents.
LSLAP Manual
Introduction
Chapters
8. Employment Insurance
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Qualifying for EI
 · IV. Types of Benefits
 · V. Benefit Period
 · VI. Quantifying Benefits
 · VII. Benefit Entitlement
 · VIII. Penalties, Violations, and Offences
 · IX. Keeping Out of Trouble
 · X. Timing for Reporting
 · XI. Overpayment and Collections
 · XII. Reconsideration
 · XIII. Social Security Tribunal
 · XIV. Appeals
 · XV. Judicial Review
 · XVI. LSLAP's Use of This Chapter

 · Appendix A: Initial Application Checklist
v • d • e



A. Interruption of Earnings

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.

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 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.

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. Insurable Employment

Unless otherwise stated in the EI Act or Regulations all employment in Canada is insurable. Non-insurable employment generally falls into three categories: work for an EI-exempt employer (i.e., a foreign or provincial government), self-employment, and work for an employer who is related or otherwise not at arm’s length to the claimant.

Generally, if an employee has EI premiums deducted from their paycheck their employment is insurable. However, it is nature of the employment, and not the premiums paid, that is determinative. An employee will not be ineligible for EI because their employer failed to pay EI premiums when they had a legal obligation to do so.

All disputes regarding whether an employment is insurable are determined by the Canada Revenue Agency (“CRA”). 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. Tax Court decisions can be appealed to the Federal Court of Appeal.

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.

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 “EI benefits for self-employed people” program.

3. Employment not at arms's length

If someone’s employer is a romantic partner, close relative, or otherwise not at arm’s length from them, their employment is only insurable if it would be reasonable to conclude that their employer would have hired a non-related person under a similar contract of employment.


C. Qualifying Period

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 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.


D. Minimum Hours of Employment Required

A claimant must work a certain number of insurable hours during their qualifying period to receive EI benefits. The number to qualify ranges from 420 to 700 hours and is determined by the unemployment rate in the region where the claimant lives.

Unemployment rates for EI Economic Regions can be found online at https://srv129.services.gc.ca/ei_regions/eng/rates_cur.aspx.

You can find the economic region by searching your postal code at the following link: https://srv129.services.gc.ca/ei_regions/eng/postalcode_search.aspx

If an insured person was found guilty of one or more EI violations during the 260-week period prior to their initial claim, their minimum hours to qualify for EI will be increased. For more information see Section VII: Penalties, Violations, and Offences.


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.

1.Deadline to issue

An ROE may be issued electronically or on paper. If the ROE is electronic, it must be provided within five calendar days of the end of the pay period in which an interruption of earnings occurred. If the employer pays their employees thirteen or fewer times a year, the electronic ROE must be submitted within fifteen days of the interruption of earnings. For a paper ROE, the employer must provide a physical copy to the employee within five calendar days of the interruption of earnings, or the day they became aware of the interruption of earnings.

An employer is not obligated to inform an employee after issuing an electronic ROE. An employer issued electronic ROE is linked to the employee’s My Services Canada Account (“MSCA”) through their SIN number. If the employee does not have a MSCA account, their ROE will be linked to it as soon as they register for one, although they may need to wait 5-10 business days for a Personal Access Code to be mailed to them before they can register.

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.

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.

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


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.

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.

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”).


v • d • e
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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