outside Canada.419 Although British Columbia, Ontario and Quebec’s workers’ compensation
legislation does not have a similar provision, legislation in these provinces do not appear to
prohibit the disbursement of compensation to beneficiaries outside Canada.
f. Article 24(1)(b): Social Security – Employment Insurance & Pensions
Regular & Special Employment Insurance Programs
There are several employment insurance programs in Canada. They include “regular”
employment insurance benefits, and “special” employment insurance programs. “Special”
employment insurance programs include maternity benefits, sickness benefits, parental benefits
and compassionate care benefits.420 In order to be eligible for “regular” employment insurance
benefits, an applicant must meet specific eligibility criteria outlined in the Act and Regulations,
such as working in “insurable employment”, paying employment insurance premiums, working a
minimum number of hours in insurable employment and having just cause for being
unemployed.421 The Act and Regulations describe the types of employment to be excluded from
consideration as “insurable employment”, but generally most employment constitutes “insurable
employment”. In order to apply for “regular” employment insurance a foreign national has to
provide proof of immigration status and a work permit.422 For individuals applying for “special”
employment insurance programs, the eligibility criteria are the same, except the minimum
number of insurable hours worked is different and there is no “just cause” requirement.423
With respect both “regular” and “special” employment insurance programs, the level of benefits
a person receives is not contingent on a person’s immigration status. However, the level of
benefits may be indirectly impacted due to the temporary nature of a foreign national’s work
permit and how many insurable work hours they must accumulate before being eligible to make
an employment insurance benefit claim.
Self-employment Insurance Benefits
The Government of Canada recently implemented an employment insurance program for selfemployed persons. This new program allows self-employed persons to opt-in to the employment
Alberta Workers Compensation Act, supra note 417 at s. 53.
Employment Insurance Act, Sc 1996, c 23, at ss. 6-55, available at: http://laws-lois.justice.gc.ca/eng/acts/e-5.6/
[Employment Insurance Act]
421
Ibid., at ss. 5, 14, 29-33; and Employment Insurance Regulations, SOR/96-332, at ss. 2-7, 9.1-11, available at:
http://laws-lois.justice.gc.ca/eng/regulations/SOR-96-332/FullText.html [Employment Insurance Regulations]
422
Employment Insurance Regulations, ibid., at s. 7; see also Service Canada, “Applying for Employment Insurance
benefits” (4 September 2014), available at: http://tinyurl.com/nfuzvjm.
423
Employment Insurance Act, supra note 420 at s. 21-23.2; and Employment Insurance Regulations, supra note 422
at ss. 27, 38, 40, 41, 41.1-41.3 and 41.4-41.6; see also Service Canada, “Employment Insurance Maternity and
Parental Benefits” (21 November 2014), available at: http://tinyurl.com/ke76nk2; Service Canada, “Employment
Insurance Sickness Benefits” (19 November 2014), available at:
http://www.servicecanada.gc.ca/eng/ei/types/sickness.shtml#eligible; Service Canada, “Employment Insurance
Compassionate Care Benefits” (26 September 2014), available at: http://tinyurl.com/oj7lcjo; Service Canada,
“Eligibility Criteria for Parents of Critically Ill Children” (6 June 2013), available at:
http://www.servicecanada.gc.ca/eng/sc/ei/pcic/eligibility.shtml.
419
420
88
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