Script 282 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

What are Employment Insurance Benefits?
EI benefits (called EI in this script) are temporary payments to people who:

• are between jobs, or
• can’t work because they are sick or have just had a baby, or
• are caring for a family member who is very ill, with a significant risk of death.

There are various types of benefits: Regular benefits are available to people who lose their job through no fault of their own – for example, they were laid off. They have to be available and able to work but unable to find a job. There are also fishing benefits, sickness benefits, and benefits for people outside of Canada. Detailed information is available on the Service Canada website at www.servicecanada.gc.ca/en/subjects/benefits. You can also call Service Canada at 1.800.206.7218.

The Employment Insurance program is run by the federal government department called Human Resources and Social Development Canada (HRSDC). Its website (www.hrsdc.gc.ca/en/employment/ei) also has information on the program.

Can you get EI?
You can get regular benefits if all the following things apply to you:

1. You lost your job through no fault of your own; for example, you were laid off. But if you quit or were fired, you may not be able to collect – it depends on why you quit or were fired. If you had a good reason to quit – for example, you were harassed – you may still be able to collect.
2. You paid Employment Insurance premiums when you worked.
3. You worked the required number of insurable hours. This number depends on where you live and the unemployment rate in your economic region when you apply. Generally, if you’re in the workforce for the first time, you need at least 910 hours of insurable work in the last 52 weeks. Service Canada can extend this 52-week qualifying period if you prove you were unable to work because you were:
1. ill, injured, quarantined, or pregnant, or
2. in jail or penitentiary, or
3. attending a course that HRSDC sent you on.
4. You have been without work and pay for at least seven days in a row.
5. You apply for EI – see the next section for how and when to apply.
6. You are available for work but can’t find a job. If you refuse a suitable job offer while collecting EI, you could lose it. If you get a job while you are collecting EI, you can earn up to 25% of your weekly benefit, or $50, whichever is more, before you lose some of it. In places designated as high-unemployment economic regions in BC, you can earn up to 40% of your weekly benefit, or $75. Each dollar that you earn more than this limit is subtracted from your benefit.

In maternity, parental, sickness, compassionate care, fishing, and farming cases, there are special rules. In these cases, phone Service Canada at 1.800.206.7218 or visit its website at http://servicecanada.gc.ca/en/home.html.

How and when should you apply for EI?
To see if you can receive EI, you must apply, either online or in person at a local Service Canada office. To apply online, go to www.servicecanada.gc.ca, click “English,” then click “Access Employment Insurance services,” and then click “Application for Employment Insurance benefits on-line”.

You should apply even if your last employer pays you something when your job ends.

If you already have your Record of Employment from your last employer (ROE, for short), apply immediately. The ROE proves you were employed. If the employer doesn’t give you the ROE, ask for it as soon as your job ends. If you do not get your ROE within 14 days of your last day of work, apply for EI as soon as the 14 days are over, and use some other proof of employment (for example, pay stubs). If you worked for any other employers in the previous 52 weeks, you also need an ROE from each of them. But if you can’t get all of them, still apply.

If the employer does not give you the ROE, the local Service Canada office can help you. You will have to fill out a form explaining how you tried to get it. You will also have to give other proof of employment, such as pay stubs, cancelled pay cheques, T4 slips, or work schedules.

If you are applying for maternity, parental, compassionate care, or sickness benefits, apply as soon as you stop working.

If you delay in applying for benefits beyond 4 weeks after your last day of work, you may lose benefits. For more information, see the Service Canada website or phone 1.800.206.7218.

How much can you receive?
You get 55% of your average insured earnings in the 26 weeks before your last workday, to a maximum of $423 per week. In places designated as high-unemployment economic regions, you get 55% of your highest 14 weeks of earnings in the 52 weeks before filing, to a maximum of $423. Benefits are taxable income, so taxes are deducted. You could get more if you are in a low-income family (annual income less than $25,921) with children and you or your spouse receive the Canada Child Tax Benefit. Then you can get the Family Supplement. If you get severance pay from the employer, you may have to pay back some benefits. The Service Canada website has lots of information on rates.

What information do you need to apply?

• Your SIN (social insurance number) – if your SIN starts with a 9, you have to give proof of your immigration status and a work permit.
• If you want direct deposit, then your bank information, as shown of your cheque or bank statement.
• Your detailed version of facts – if you quit or were fired from any job in the last 52 weeks.
• Details of your most recent job, including your gross salary (total earnings before deductions including tips and commissions) for your last week of work (from Sunday to your last day worked). As well, include any other money you received or will receive, such as vacation pay, severance pay, pension, and pay instead of notice or lay off (these must also be the gross amounts).
• If you apply in person, personal identification such as a driver’s licence, birth certificate or passport.
• If you are claiming sickness benefits, a medical certificate from your doctor.
• If you are claiming compassionate care benefits, a special medical certificate from the dying person’s doctor.
• If you are claiming parental benefits, the other parent’s SIN.

How long is the waiting period?
You don’t get benefits in the first 2 weeks of your claim, called the waiting period. Any income you earn then is deducted from your benefits and delays your claim. Income includes vacation pay, severance pay, retirement pay and leave credits, and most bonuses and gratuities. Retirement pensions don’t delay the start of a claim, but they are income and they reduce benefits until you have worked long enough to qualify again for Employment Insurance after the pension starts.

What does HRSDC requires you to do while you get regular benefits?

• File a report every two weeks with HRSDC over the internet, or by phone or mail.
• Be willing and able to work.
• Look for work and keep a written record of employers you contact and when you contacted them.
• Tell HRSDC when you are not available for work.
• Accurately report and keep records of all money you earn or receive and all work you do – whether you work for yourself or someone else.
• Report any employment and separation from employment and reasons for the separation.
• Tell HRSDC if you leave the area where you live or if you leave Canada.
• Keep any appointments you have with HRSDC and give it any required documents and information.

Check the Service Canada website (www.servicecanada.gc.ca) for what you must do if you’re getting other types of benefits.

Can appeal a decision?
Yes – you have the right to appeal a decision of HRSDC. You appeal by writing to a local Service Canada office, stating your reasons, within 30 days of when you get the decision. There are three levels of appeal: first a board of referees, then an umpire, and finally, the Federal Court of Canada. Contact HRSDC, through Service Canada, for more on how to appeal.

It is very important to put all your evidence and effort into the first appeal level, the board of referees. The grounds for appealing to the umpire are limited. You should seek legal advice early in the appeal process, before a hearing.

After an umpire decision, you also have the right to apply to the Federal Court of Canada for a judicial review, but this is only for cases where there is a clear and obvious error in the umpire decision. You would need legal help in this area.

For more information on appeals, check the following website: www.hrsdc.gc.ca/en/ei/appeal/appealssite.shtml.

[updated July 2007]

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