Canada Recovery Benefits Act (S.C. 2020, c. 12, s. 2)

Marginal note:Maximum number of two-week periods

• 9 (1) The maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is 25 or, if another number of two-week periods is fixed by regulation, that number of two-week periods, minus one for every two weeks for which regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, were received by the person during the period beginning on September 27, 2020 and ending on October 23, 2021 in respect of benefit periods, as defined in subsection 2(1) of that Act, that were established on or after September 27, 2020.

• Marginal note:Regulations

  (2) The Governor in Council may, by regulation, fix a number of two-week periods for the purpose of subsection (1).

• Marginal note:Exception

  (3) Despite subsection (1), the maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is, for each time the person is not entitled to the benefit by reason of subparagraph 3(1)(k)(ii) or (l)(ii), the maximum number that it otherwise would be under subsection (1) and this subsection less the number five.

Marginal note:Employment insurance benefits during two-week period

9.1 Despite sections 3, 7 and 8, if a person who makes an application under section 4 is not eligible for a Canada recovery benefit for any two-week period by reason only that the person was paid regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, for the maximum number of weeks for which those benefits may be paid in the person’s benefit period under Part I of that Act, or the person was paid regular benefits and special benefits, as defined in subsection 2(1) of that Act, for the maximum number of weeks for which both those benefits may be paid in the person’s benefit period under Part I of that Act, and the last week for which they were paid those benefits under that Act is the first week of the two-week period, the Minister may pay a benefit of $300 to the person for the two-week period.

PART 2Canada Recovery Sickness Benefit

Marginal note:Eligibility

• 10 (1) A person is eligible for a Canada recovery sickness benefit for any week falling within the period beginning on September 27, 2020 and ending on May 7, 2022 if

  • (a) they have a valid social insurance number;

  • (b) they were at least 15 years of age on the first day of the week;

  • (c) they were resident and present in Canada during the week;

  • (d) in the case of an application made under section 11 in respect of a week beginning in 2020, they had, for 2019 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the following sources:

    • (i) employment,

    • (ii) self-employment,

    • (iii) benefits paid to the person under any of subsections 22(1), 23(1), 152.04(1) and 152.05(1) of the Employment Insurance Act,

    • (iv) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, and

    • (v) any other source of income that is prescribed by regulation;

  • (e) in the case of an application made under section 11 in respect of a week beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v);

  • (e.1) in the case of an application made under section 11 in respect of a week beginning in 2022, they had, for 2019, 2020 or 2021 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v);

  • (f) they have as an employee been unable to work for at least 50% of the time they would have otherwise worked in the week, or they have as a self-employed person reduced the time devoted to their work by at least 50% of the time they would have otherwise worked in the week, because

    • (i) they contracted or might have contracted COVID-19,

    • (ii) they have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19, or

    • (iii) they isolated themselves on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19;

  • (g) no income referred to in any of the following subparagraphs was paid or was payable to the person in respect of the week:

    • (i) benefits, as defined in subsection 2(1) of the Employment Insurance Act,

    • (ii) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption,

    • (iii) a Canada recovery benefit or a Canada recovery caregiving benefit,

    • (iii.1) a lockdown benefit, as defined in section 2 of the Canada Worker Lockdown Benefit Act, and

    • (iv) any other income that is prescribed by regulation;

  • (h) they have not, in respect of the week, been granted paid leave or been paid under a sickness benefit plan; and

  • (i) they were not, at any time during the week, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or

    • (i) if they were required to do so at any time during the week, the only reason for their having been outside Canada was to

      • (A) receive a medical treatment that has been certified by a medical practitioner to be necessary, or

      • (B) accompany a person who has been certified by a medical practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or

    • (ii) if, as a result of entering into Canada, they were required to isolate themselves under such an order at any time during the week, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves.

• Marginal note:Income from self-employment

  (2) For the purpose of paragraphs (1)(d) to (e.1), income from self-employment is revenue from the self-employment less expenses incurred to earn that revenue.

Marginal note:Application

• 11 (1) A person may, in the form and manner established by the Minister, apply for a Canada recovery sickness benefit for any week falling within the period beginning on September 27, 2020 and ending on May 7, 2022.

• Marginal note:Limitation

  (2) No application is permitted to be made on any day that is more than 60 days after the end of the week to which the benefit relates. However, an application in relation to any week that begins after November 20, 2021 and ends before the day on which this subsection comes into force may be made within 60 days after the end of the week during which this subsection comes into force.

Marginal note:Attestation

• 12 (1) Subject to subsections (2) and (3), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 10(1)(a) to (i).

• Marginal note:Exception — paragraphs 10(1)(d) to (e.1)

  (2) A person is not required to attest to their income under paragraphs 10(1)(d) to (e.1) if they have previously received any benefit under this Act and they attest to that fact.

• Marginal note:Exception — paragraph 10(1)(i)

  (3) A person is not required to attest that they meet the eligibility condition referred to in paragraph 10(1)(i) if their application is made before January 11, 2021.

Marginal note:Obligation to provide information

13 An applicant must provide the Minister with any information that the Minister may require in respect of the application.

Marginal note:Payment of benefit

14 The Minister must pay a Canada recovery sickness benefit to a person who makes an application under section 11 and who is eligible for the benefit.

Marginal note:Amount of payment

15 The amount of a Canada recovery sickness benefit for a week is $500.

Marginal note:Maximum number of weeks

• 16 (1) The maximum number of weeks in respect of which a Canada recovery sickness benefit is payable to a person is six or, if another maximum number of weeks is fixed by regulation, that maximum number.

• Marginal note:Regulations

  (2) The Governor in Council may, by regulation, fix a maximum number of weeks for the purpose of subsection (1).

PART 3Canada Recovery Caregiving Benefit

Marginal note:Eligibility

• 17 (1) A person is eligible for a Canada recovery caregiving benefit for any week falling within the period beginning on September 27, 2020 and ending on May 7, 2022 if

  • (a) they have a valid social insurance number;

  • (b) they were at least 15 years of age on the first day of the week;

  • (c) they were resident and present in Canada during the week;

  • (d) in the case of an application made under section 18 in respect of a week beginning in 2020, they had, for 2019 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the following sources:

    • (i) employment,

    • (ii) self-employment,

    • (iii) benefits paid to the person under any of subsections 22(1), 23(1), 152.04(1) and 152.05(1) of the Employment Insurance Act,

    • (iv) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, and

    • (v) any other source of income that is prescribed by regulation;

  • (e) in the case of an application made under section 18 in respect of a week beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v);

  • (e.1) in the case of an application made under section 18 in respect of a week beginning in 2022, they had, for 2019, 2020 or 2021 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v);

  • (f) they have, as an employee, been unable to work for at least 50% of the time they would have otherwise worked in that week — or they have, as a self-employed person, reduced the time devoted to their work as a self-employed person by at least 50% of the time they would have otherwise worked in that week — because

    • (i) they cared for a child who was under 12 years of age on the first day of the week because

      • (A) the school or other facility that the child normally attended was, for reasons related to COVID-19, closed, open only at certain times or open only for certain children,

      • (B) the child could not attend the school or other facility because

        • (I) the child contracted or might have contracted COVID-19,

        • (II) the child was in isolation on the advice of a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or

        • (lll) the child would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the child contracted COVID-19, or

      • (C) the person who usually cared for the child was not available for reasons related to COVID-19, or

    • (ii) they cared for a family member who requires supervised care because

      • (A) the day program or facility that the family member normally attended was, for reasons related to COVID-19, unavailable or closed, available or open only at certain times or available or open only for certain persons,

      • (B) the family member could not attend the day program or facility because

        • (I) the family member contracted or might have contracted COVID-19,

        • (II) the family member was in isolation on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or

        • (lll) the family member would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the family member contracted COVID-19, or

      • (C) the care services that are normally provided to the family member at their place of residence were not available for reasons related to COVID-19;

  • (g) no income referred to in any of the following subparagraphs was paid or was payable to the person in respect of the week:

    • (i) benefits, as defined in subsection 2(1) of the Employment Insurance Act,

    • (ii) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption,

    • (iii) a Canada recovery benefit or a Canada recovery sickness benefit,

    • (iii.1) a lockdown benefit, as defined in section 2 of the Canada Worker Lockdown Benefit Act, and

    • (iv) any other income that is prescribed by regulation;

  • (h) they have not, in respect of the week, been granted paid leave or been paid under a plan that provides for payment for the care or support of another person; and

  • (i) they were not, at any time during the week, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or

    • (i) if they were required to do so at any time during the week, the only reason for their having been outside Canada was to

      • (A) receive a medical treatment that has been certified by a medical practitioner to be necessary, or

      • (B) accompany a person who has been certified by a medical practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or

    • (ii) if, as a result of entering into Canada, they were required to isolate themselves under such an order at any time during the week, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves.

• Marginal note:Income from self-employment

  (2) For the purpose of paragraphs (1)(d) to (e.1), income from self-employment is revenue from the self-employment less expenses incurred to earn that revenue.

• Marginal note:Definition of family member

  (3) In subsection (1), family member, in respect of a person, includes anyone whom the person considers to be like a close relative or who considers the person to be like a close relative.