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CERB Extensions and Student Benefit Update

The federal government is taking action today with respect to two COVID-19 relief packages. First, the previously announced CERB eligibility extensions have officially come into force. Second, the government introduced legislation for the Canada Emergency Student Benefit.

CERB Eligibility Extensions


The government issued two Interim Orders (Interim Order No. 2 and Interim Order No. 3) today that amend the Employment Insurance Act Emergency Response Benefit provisions to extend CERB eligibility to individuals earning less than $1,000 per month and individuals whose EI regular or most other benefits have or will run out. The Orders also clarify that individuals who otherwise could have qualified for regular or most other benefits had they not applied for the CERB are subject to the same eligibility thresholds. All of these extensions come into force as of March 15, 2020, meaning that individuals who are now eligible can apply for benefits retroactive to March 15, 2020.

Today's interim orders provide clarity to the previously released online guidelines which state that individuals who meet these new extended eligibility requirements can apply online for the CERB. You therefore do not likely need to re-apply if you previously followed these guidelines, especially given that today's eligibility changes are retroactive to March 15.

Individuals Earning Less Than $1,000 per Month

Individuals who "receive" income of less than $1,000 during the four week period for which they have applied for the CERB are now eligible to receive the benefit, so long as they meet the other eligibility requirements (i.e. the individual is resident in Canada, at least 15 years of age, and earned at least $5,000 in 2019 or in the one-year period prior to applying). 

Individuals Whose EI Regular or Other Benefits Expire


CERB eligibility has also been extended to individuals whose EI regular or most other benefits expire between December 29, 2019 and October 3, 2020 and who are unable to start working "for reasons related to COVID-19". This means that individuals whose EI regular, sickness, or most other benefits cease during this time period can receive the CERB so long as all of the other eligibility criteria are met (i.e. the individual is resident in Canada, is at least 15 years of age, has insurable earnings of at least $5,000 in 2019 or in the one-year period prior to applying, and has not earned income from employment or self-employment for at least seven consecutive days within any two-week period).

Importantly, individuals who have just come off of EI regular or most other benefits can still receive the CERB if they make less than $1,000 during the four week period for which they have applied for the CERB (i.e. the extension for individuals earning less than $1,000 per month can apply). For example, someone who stopped receiving EI regular benefits between December 29, 2019 and October 3, 2020 and began earning less than $1,000 per month of self-employment or employment income would qualify for the CERB if all of the other eligibility criteria are met.

Extension to Individuals Who Could Have Claimed EI Regular or Other Benefits

The CERB eligibility requirements have also been extended to individuals who could have qualified for EI regular or most other benefits when the CERB was enacted. This extension provides clarity and closes the gap to ensure that these individuals must also meet the same CERB income restrictions.

Canada Emergency Student Benefit

As of the time of posting this article, Bill C-15, the legislation to create the Canada Emergency Student Benefit (CESB), has reached its first reading in the House of Commons. Although this benefit has not been passed and is therefore not in force, the first version of the Bill provides a glimpse into what the eligibility criteria might be. A more in-depth analysis will be provided once this Bill comes into force.

Note: while this blog and the information above provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. For more information about the benefits available to you, or if you have any other questions regarding your employment issue, please contact our office for a consultation with one of our lawyers.

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