Income Assistance (CERB/EI) Workers' Rights and Immigration during COVID-19 - CLEO Connect

Income Assistance (CERB/EI) Workers'
 Rights and Immigration during COVID-19
        Hosted by CLEO in partnership with:
             Liz Majic, Connecting Ottawa
Heather Neufeld, Private Bar Lawyer/Volunteer, Connecting
                          Ottawa
    Karen Cocq, Migrant Workers’ Alliance for Change

                     April 23, 2020
                                             Supported by:

Disclaimer

This webinar is for general information purposes
only and is not legal advice. It is not intended to
be used as legal advice for a specific legal
problem. This webinar was recorded on April 23,
2020, and reflects developments in the law before
that date.

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Land Acknowledgement
We acknowledge that since time immemorial the land on which we
live and work has been the home and traditional territory of
Indigenous Peoples, including the Mississaugas of the Credit,
Haudenosaunee and Huron-Wendat, and is now home to many
diverse First Nations, Inuit, and Métis relatives.

CLEO’s work is also carried out across the many traditional
territories of this land that is also known as Ontario. We are grateful
to have the opportunity to live and work in the community on this
land. We acknowledge our privilege as well as our role in the
systems of colonization.

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Our Presenters
                            From CLEO

• Fiona MacCool, Digital Projects Manager
• Michelle Cader, Community Training and Outreach Manager
• Karen Dick, Legal Education Trainer

                         Guest Presenters

• Liz Majic, Connecting Ottawa
• Heather Neufeld, Private Bar Lawyer/Volunteer, Connecting Ottawa
• Karen Cocq, Migrant Workers’ Alliance for Change

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CLEO
• Produces reliable legal information in plain language
  for those living on low-incomes and those who are
  marginalized

   o Steps to Justice: answers and next steps in 13 areas of law
   o Live chat on Steps to Justice, offered everyday
   o Justice pas-à-pas: step by step information in French
   o Free print brochures that Ontario not-for-profits can order

• Supports community and legal workers with training,
  tools, and a community of practice

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COVID:19 Updates on the law and legal
             services

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Outline
1. CERB and other income benefits during COVID-19 (Liz Majic)
     • Eligibility criteria
     • CERB and EI
     • Application process
     • Privacy considerations for front-line workers
     • Emergency Leaves
     • Workers’ Rights scenarios

2. Immigration relating to work and CERB (Heather Neufeld)
     • Immigration status and CERB
     • Work permits and CERB
     • Sponsorships and CERB

3. Immigration and income for international students (Karen Cocq)
     • Immigration (visas/permits)
     • Income support
     • Organizing for expanded access to income benefits

4. Questions

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Overview of CERB
▪ Single payment of $2,000 every 4 weeks up to max of 16 weeks
  ▪ Benefit available from March 15-Oct 3, 2020 (can apply no later
    than Dec 2, 2020)
  ▪ Not taxable at source, but must report as income in 2020 tax year
  ▪ Must re-apply every 4-weeks if still eligible
  ▪ Individual family members can apply if they meet eligibility criteria
  ▪ Can apply regardless of job type (full-time, part-time, self-
    employed) and whether or not you qualify for EI
  ▪ Must reside in Canada to apply, but income can be earned
    elsewhere
  ▪ Do not need a Record of Employment (ROE) to apply

                                                                    A PROJECT OF

Overview of CERB
Eligibility Criteria
▪ You did not apply for, nor receive, CERB or EI benefits from Service Canada for the same
  eligibility period (see below) AND
▪ You reside in Canada AND
▪ You are at least 15 years of age or older AND
▪ You have a valid Social Insurance Number AND
▪ You did not quit your job voluntarily AND
▪ You have stopped working due to reasons related to COVID-19*, or are eligible for EI regular
  benefits or EI sickness benefits, or have exhausted your EI regular benefits between December
  29, 2019 and October 3, 2020 AND
▪ In 2019, or in the last 12 months, you had a total income of at least $5,000 from employment, self-
  employment, or EI maternity or parental leave benefits AND
▪ If you are applying for the first time, you cannot have earned more than $1,000 (before taxes)
  in employment and/or self-employment income for 14 or more days in a row during the 4-week
  benefit period AND
▪ When re-applying for another period, you cannot have earned more than $1000 (before taxes)
  in employment and/or self-employment income during the entire 4-week benefit period (Will be
  verified against tax records).

*Reasons include: you lost your job, or you are sick or in quarantine, or you are taking care of others because they
are sick or in quarantine, or you are caring for children or other dependents because their care facility is closed.
                                                                                                            A PROJECT OF

Eligibility periods

▪ March 15 to April 11
▪ April 12 to May 9
▪ May 10 to June 6
▪ June 7 to July 4
▪ July 5 to August 1
▪ August 2 to August 29
▪ August 30 to September 26

                              A PROJECT OF

CERB vs EI regular and EI sickness benefits
You became eligible for EI before March 15, 2020

▪ If you are already receiving EI regular benefits or EI sickness benefits, you will
  continue to receive these benefits until the end of your benefit period.

▪ You cannot receive EI and CERB at the same time. DON’T APPLY FOR BOTH!

▪ You should apply for EI regular or sickness benefits through Service Canada IF:
   ▪ You became eligible for EI regular or sickness benefits BEFORE March 15, 2020.

▪ You will receive your usual EI entitlement - even if less than $500 per week - until it
  runs out.

▪ If your EI benefits end before October 3, 2020, and you are unable to find work due
  to COVID-19, you may apply for the CERB as long as you meet the other eligibility
  criteria.

                                                                                    A PROJECT OF

CERB vs EI regular and EI sickness benefits
You became eligible for EI benefits on or after March
15, 2020
▪ You should apply for CERB through Service Canada if you are eligible for EI benefits
  on or after March 15, 2020.

▪ You will receive $2000 ($500/week) regardless of what you would receive from EI
  (which can be up to $573/week).

▪ You are not required to report every two weeks if receiving CERB. Rather, you must
  re-apply for the CERB every four weeks if you are still eligible.

▪ You will receive up to 16 weeks of CERB and then you will receive EI regular or
  sickness benefits afterwards, if you still have not found work due to COVID-19.

▪ The period that you received the CERB will not impact your EI entitlement.

                                                                               A PROJECT OF

CERB vs EI regular and EI sickness

You are not eligible for EI but eligible for CERB
You should apply for CERB and will receive benefits for 16
weeks.
Note: if you lost employment income before March 15,
2020, as a result of COVID-19, you will not receive CERB
for any period before March 15, 2020.

                                                     A PROJECT OF

CERB vs EI regular and EI sickness benefits
What if you mistakenly applied for the CERB twice or for EI and CERB?
▪ The government will contact you shortly.
▪ You will be asked to return one of the payments.

If you no longer have the cheque or were paid by direct deposit, you can mail your repayment to:

Revenue Processing – Repayment of CERB
Sudbury Tax Centre
1050 Notre Dame Avenue
Sudbury, ON P3A 0C1

▪ Make payable to “Receiver General for Canada” & indicate “Repayment of CERB”.
▪ Include your Social Insurance Number (SIN) or your Temporary Tax Number (TTN)

If you were paid by cheque and you return to work early, return the original cheque by mail to:

Revenue Processing – Repayment of CERB
Sudbury Tax Centre
1050 Notre Dame Avenue
Sudbury, ON P3A 0C1

                                                                                          A PROJECT OF

Receiving CERB while on OW or ODSP

▪ For existing Ontario Works (those granted prior to March 1st, 2020) and all
  ODSP applicants/recipients: CERB payments will qualify for a partial exemption:
  the first $200, and 50 per cent of each additional dollar received in a month will be
  exempt.

▪ For new and recent Ontario Works applicants – those granted on or after March
  1st, 2020: CERB payments will be deducted dollar-for-dollar when determining
  eligibility for social assistance.

▪ Note: Ontario Works and ODSP recipients who qualify for the CERB partial
  exemption but become financially ineligible will not lose access to health benefits.
  These recipients will remain on social assistance, at a nominal amount, to ensure
  continued access to benefits and case management supports.

                                                                                  A PROJECT OF

Not eligible for CERB but need $

▪ If you are receiving Ontario Works, you may be eligible
  for the Ontario Emergency Assistance Program. You
  should contact your OW caseworker for details.
▪ If you are receiving ODSP, you may qualify for a one-
  time payment of $100 or $200. You should contact your
  ODSP caseworker for details.
▪ If you are not receiving OW or ODSP, you may be
  eligible for funds directly from the Ontario Emergency
  Assistance Program. You can apply online at
  Ontario.ca/community.

                                                      A PROJECT OF

Infectious Disease Emergency Leave (IDEL)
▪ The Employment Standards Act, 2000 (ESA) was recently amended to include an unpaid, job-
  protected infectious disease emergency leave.

▪ The IDEL is available to an employee who is covered by the ESA and who:

   ▪ Is under individual medical investigation, supervision or treatment related to COVID-19;
   ▪ Is following a COVID-19 related order under the Health Promotion and Protection Act;
   ▪ Is in quarantine, isolation, or is subject to a control measure, and the quarantine, isolation or
     control measure was from public health officials, health practitioners, Telehealth Ontario, the
     Government of Ontario of Canada, a municipal council, or a board of health. This includes
     individuals who are required to self-isolate after returning from travel abroad per public health
     directions;
   ▪ Is directed to self-isolate by their employer due to a concern that the employee might expose
     other individuals in the workplace;
   ▪ Is providing care to a family member relating to an infectious disease, including those caring
     for children whose school or daycare was closed because of an infectious disease; and/or
   ▪ Is abroad and unable to travel back to Ontario due to travel restrictions.

            The IDEL applies to COVID-19 at this time, but not all infectious diseases!

                                                                                              A PROJECT OF

Infectious Disease Emergency Leave (IDEL)

▪ The leave is retroactive to January 25, 2020.

▪ While an employer may ask for some reasonable evidence of your need for
  an IDEL, they cannot ask for a medical note to substantiate the need. They
  may be able to ask medical notes when you need to return to work.

▪ You need to give your employer notice in writing or orally, ideally in
  advance, of your need to take a leave. With that said, if you are unable to
  give them advance notice, you will not lose the right to take the leave.

▪ Other applicable leaves under the ESA include eight (8) weeks of family
  caregiver leave, and, in cases of severe illness or risk of death, 26 weeks of
  family medical leave, and 17 or 37 weeks of critical illness leave for a sick
  child or adult.

▪ To learn more, visit here.

                                                                         A PROJECT OF

Fact scenarios

▪ Robert drives for UBER. His hours have been reduced
  drastically due to COVID-19, but he still able to work.
  Robert also worries about the risk of getting COVID-19
  in this line of work. Can Robert apply for the CERB?

                                                      A PROJECT OF

Fact scenarios

▪ Maha worked as a housecleaner in 2019 and for part of
  2020. She earned over $5000 in 2019. Maha lost all of
  her clients due to COVID-19. Maha is a Permanent
  Resident and has a valid SIN. However, she has not
  submitted a tax return for 2019 and her husband never
  reported her income on his 2019 tax return, which he
  filed in January 2019. They have two young children.
  Can she apply for CERB?

                                                   A PROJECT OF

Fact scenarios

▪ Diego is a full-time university student. He earned around
  $6000 in employment income in the summer of 2019.
  Diego was hired by the same company to begin working
  on May 15, 2020. However, in late March, his employer
  told him that they will not be running their summer
  employment program because of COVID-19. Can Diego
  still apply for CERB?

                                                      A PROJECT OF

Fact scenario

▪ Fatima’s employer is still operating and requiring Fatima
  to work. Fatima lives with an elderly parent who is
  immunocompromised. Fatima is concerned that she
  may contract COVID-19 and pass it off to her parent.
  What should she do?

                                                      A PROJECT OF

Fact Scenario

▪ George is a 32 years-old person who works at a small
  grocery store. Although neither his spouse nor he
  suffers from any particular health issues, he is still very
  afraid of catching COVID-19. He would rather not work.
  What should he do?

                                                        A PROJECT OF

Helping people apply for CERB

Two ways to apply:
▪ By phone (1-800-959-2019)
  ▪ Best option to protect client privacy
  ▪ Automated service and therefore minimizes collection
    of personal data
  ▪ Use a script to inform clients of their privacy rights and
    to get informed consent
▪ Online
  ▪ Accessing CRA MyAccount (if they have one)
                                                         A PROJECT OF

Helping people apply for CERB

▪ Refrain from giving legal advice

   ▪ Do not comment on a client’s eligibility when assisting them with their
     application, but do remind them that they must re-apply every four weeks
     if they are still eligible for the CERB.
▪ Clients should get legal advice from a community legal clinic if it’s unclear
  whether or not they are eligible for the CERB.

▪ Clients who do not qualify for free legal advice from a community legal clinic
  can contact the Law Society Referral Service online for a free 30-minute
  consultation with a lawyer who specializes in employment law and/or
  federal employment insurance benefits.

                                                                          A PROJECT OF

Helping people apply for CERB

                              Available at:

                          connectingottawa.com

                                                 A PROJECT OF

CERB and Immigration: still in a state of uncertainty

 ▪ *Eligibility for CERB continues to change.
 ▪ *The government has still not issued any regulations (the
   rules that provide all the little details on how the benefit
   operates, who is eligible, what is income, etc.)
 ▪ *There is still much we don’t know about the intersection
   of CERB and immigration law.

                                                         A PROJECT OF

Does Immigration status impact CERB eligibility?

▪ CERB eligibility is not based directly on immigration status; it is
  based on the requirement to have a “valid” social insurance number
  (SIN).
▪ Permanent residents are eligible for a permanent valid SIN; they
  don’t have to submit proof of permanent residence to apply for
  CERB.
▪ Anyone without permanent residence is eligible for a SIN if they
  have a valid work permit. Their temporary SIN will start with the
  number 9.
▪ A temporary SIN is only valid as long as the individual’s work permit
  is valid.

                                                                 A PROJECT OF

(Continued)

▪ For example, temporary foreign workers, refugee claimants,
  accepted refugees, failed claimants who are appealing to the
  Refugee Appeal Division, some international students, and
  failed refugee claimants (who have continued to renew their
  initial work permit) may all qualify for CERB if they have a
  valid work permit and SIN.
▪ Summary: You are eligible for CERB if you:
a) worked with a valid work permit plus had a valid SIN tied to
that work permit and
b) still have a valid SIN at the time you apply for CERB.

                                                             A PROJECT OF

Can someone without legal status ever qualify for CERB?

▪ It doesn’t matter whether someone has a valid visa or particular
  form of status; what matters is that they have a valid work permit
  and valid SIN.
▪ In some cases, a person without status may qualify, such as if their
  refugee claim and refugee appeal were denied but they continued to
  successfully renew the initial work permit they obtained as a refugee
  claimant.
▪ Individuals from countries for which Canada has a Temporary
  Suspension of Removals or Administrative Deferral of Removals
  (countries to which Canada is not deporting people) may also obtain
  a work permit and thus a SIN even if they have no status.

                                                                  A PROJECT OF

Is someone eligible for CERB if they were working without a
work permit?

▪ For those not yet permanent residents, working without a
  work permit means they are working without
  authorization. Such individuals do not have a valid SIN
  and thus do not qualify for CERB.
▪ They may be able to apply for Ontario Works.

                                                         A PROJECT OF

Is someone eligible for CERB if they are under an enforceable
removal order?

▪ When someone’s removal order comes into force, they
  are expected to leave Canada. Their work permit
  becomes invalid at that time.
▪ They are therefore not eligible for CERB.
▪ This is particularly a problem right now because Canada
  has put a pause on deportations and individuals under
  enforceable removal orders could be here for months
  with no CERB access, even if they previously held a
  valid work permit.

                                                          A PROJECT OF

What if someone’s work permit expired while they were
  working and they are waiting for another one to arrive?

▪ Under immigration law, anyone who submits an application to renew their work
  permit before their current one expires has what is called “implied status”. This
  means that they have the legal right to keep working even though their current
  work permit and SIN are expired.
▪ However, if someone waits to apply for a new work permit until after the current
  one has expired, they do not have “implied status” and are working without
  authorization.
▪ The problem is that someone with implied status technically has an expired SIN,
  since their SIN is only valid so long as their work permit is valid.
▪ Another problem is that new work permits are taking months to be processed
  and some people cannot renew their work permit at all because they must
  submit fingerprints which they cannot obtain right now.

                                                                             A PROJECT OF

Conclusion on Implied Status

▪ Eligibility for CERB requires a “valid” SIN. Therefore, under a literal
  reading of the law, individuals with “implied status” are ineligible for
  CERB because they don’t have a valid SIN.
▪ This is likely not how the law was meant to operate and all
  individuals who were working legally should have access to CERB.
▪ However, front-line workers should advise clients that, depending on
  how CRA interprets the law, there is always the chance that
  someone with “implied status” could be required to pay back the
  CERB.
▪ If someone has their CERB clawed back and their work permit
  arrives later,, they can challenge the disqualification that was based
  on only having “implied status”.

                                                                     A PROJECT OF

What if someone has been working in Canada but hasn’t lived in this country long
enough to have earned $5,000 during 2019 or in the past 12 months?

 ▪ In calculating the $5,000 of income required to be eligible for CERB,
   individuals may include income earned abroad.
 ▪ For example, a refugee claimant who has been working on a valid
   work permit and lost their job due to COVID-19 may have arrived
   recently and need to include income earned in their home country.
 ▪ We do not yet know what documentation CRA may request to prove
   the $5,000 of income. Individuals should keep all proof of income
   earned abroad, such as job contracts, letters from employers, bank
   statements, etc.
 ▪ If an individual cannot produce any documents from abroad, they
   could swear an affidavit attesting to their past income. However, we
   don’t yet know if CRA will accept this as sufficient proof.

                                                                          A PROJECT OF

Does receiving CERB make someone ineligible to sponsor close family
members from inside Canada or from abroad?

▪ Receipt of CERB does not make someone ineligible to
  sponsor a family member; receipt of social assistance
  does.
▪ CERB is a federal benefit. Only receipt of provincial
  social assistance benefits (OW) makes someone
  ineligible to sponsor a family member. Receiving
  provincial ODSP benefits does not.

                                                                      A PROJECT OF

If someone sponsors a family member who receives CERB during the
sponsorship period, has the sponsor violated the terms of the sponsorship?

   ▪ A sponsor is required to pay back any social assistance their
     sponsored family member receives during the period of the
     “sponsorship undertaking”.
   ▪ However, since CERB is not social assistance, the sponsor
     does not have to pay back any CERB received by their
     sponsored family member.
   ▪ Likewise, if a privately-sponsored refugee receives CERB,
     their sponsorship group does not owe that money back to the
     government because it is not social assistance.

                                                                         A PROJECT OF

Immigration and Income
For International Students

Status of Immigration Files

● Still processing applications for permits and PR
  applications, but delays
● Automatic extensions for biometrics collections,
  passport submissions, medical & police certifications
  ○ Include a letter of explanation!

Status of Immigration Files

● Expiring permits: apply for a renewal or extension of
  your stay ASAP → Implied Status
● Permit already expired? Apply for a restoration of
  your status

Status of Immigration Files

From: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-
manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Status of Immigration Files

Renewing your SIN
● Service Canada centers are closed, can only apply by
  mail
   ○ SIN application form
   ○ Send original documents by mail

Status of Immigration Files

Status of Immigration Files

Negative impact on future PR applications
● Impacts of job loss, lost opportunities, and lack of
  employment
● No clear government announcement yet

What can we do about it?
● Points system
● Extension of study permit and PGWP

Status of Immigration Files

Concerns about “distance learning” & PGWP
● Online courses from COVID-19 circumstances will not
  affect PGWP eligibility
● IRCC has said you can complete up to 50% of your
  program online and from outside the country

Status of Immigration Files

Border closure & Travel

● Border closure in effect until June 30, 2020
● Exemptions: international students with valid study
  permits or approved for one before March 18, 2020
● Some migrant students and family members still not
  allowed to come in

Income and Work

Work hours
● Even though courses online, migrant students can
  still only work 20 hours per week off-campus

New exemption on hours of work:
● Students working in essential services - health care,
  critical infrastructure, supply of food or other critical
  goods
● Until August 31, 2020

Income and Work

CERB
● Same criteria applies
● Common questions:
   ○ Implied status
   ○ Expired SIN
   ○ No work in summer term

New Canada Emergency Student Benefit
● International students?

We can help!
     Migrant Care Workers:
         647-782-6633
    Migrant Farm Workers:
     905-324-2840 (ENG)
     289-990-4519 (ESP)
       Migrant Students:
         647-858-2854
          No status?
info@migrantworkersalliance.org

Advocacy and Organizing

Advocacy and Organizing

migrantrights.ca

migrantrights.ca

https://migrantrights.ca/

Questions?

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More information and support from CLEO

• stepstojustice.ca: practical information in 10 areas of
  law, with daily live chat; special COVID-19 section

• justicepasàpas.ca : step by step information in French

• cleoconnect.ca: legal information training and tools
  for community workers

• cleo.on.ca: free print brochures and CLEO overview

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For support by phone:
• Community legal clinics
  o Find your local clinic at: legalaid.on.ca/legal-clinics/

• Workers Action Centre
  o workersactioncentre.org
  o 1-855-531-0778
• Ministry of Labour’s Employment Standards
  Information Centre
  o labour.gov.on.ca/english/feedback
  o 1-800-531-5551

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For support by phone:
• Ontario Legal Information Centre
   o centreinfojuridique.ca
   o 1-844-343-7462

• Law Society Referral Service
   o findlegalhelp.ca
   o 1-855-947-5255

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Thank you for joining us!

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