ESDC Regulatory Stock Review Plan 2023 to 2024

Enabling Act

• Employment Insurance Act

Rationale

Regular review is undertaken to ensure that existing regulations continue to support program and policy objectives, and ensure regulations remain relevant and allow for the continued effective and efficient administration of the Employment Insurance (EI) program and other programs falling under the EI Act.

Together, the Employment Insurance Regulations and the Employment Insurance (Fishing) Regulations stipulate operational and administrative provisions for the EI program. The EI (Fishing) Regulations ensure that fishers are treated equitably in relation to other claimants, and amendments would generally be suggested by changes in policy or program operations in the EI Regulations.

Narrative

The EI Regulations and EI (Fishing) Regulations comprise administrative and operational provisions related to the following:

• administration of benefits (including regular unemployment benefits and special benefits including maternity, parental, sickness, and caregiving benefits);
• active employment measures and collaboration with provinces and territories, and Indigenous organizations to provide skills training and employment supports;
• the creation and operation of the National Employment Service; and
• administration of EI benefits for fishers.

Changes to the EI Regulations and EI (Fishing) Regulations are made by the Canada Employment Insurance Commission, as provided for in the EI Act, for the operation of the EI program. These regulations have been put in place to facilitate the operations of the EI program overall, including benefits for fishers, and are reviewed and amended as required as changes are made to the program or in response to changes in Canadian society and the labour market. Review of the regulations or parts of the regulations is undertaken on an ongoing basis.

Detailed parameters of the review are to be determined.

Date of last review or amendment (Year)

The EI Regulations and EI Fishing Regulations are reviewed and amended on an ongoing and regular basis in response to changing program requirements, policy, issues arising from legal challenges, and changes in the labour market and economy. As such, these regulations are not static entities, but are continuously reviewed in consultation with stakeholders.

Targeted start for review (Year)

These regulations are reviewed and amended on an ongoing basis in response to changing program requirements, policy, issues arising from legal challenges, and changes in the labour market and economy. The Department meets regularly with stakeholder groups and receives input from judicial processes and correspondence from Canadians. Additionally, the Commissioners of the Canada Employment Insurance Commission meet with employer and worker stakeholders and represent their constituents’ views. All of these processes contribute to a continuous review of regulations outside the framework of a regular review. For these reasons, a longer timeframe is recommended for a general review of the regulations.

Stakeholder Feedback

N/A

Outcomes

N/A

For further information

N/A

Departmental contact

Mona Nandy
Director General
Employment Insurance Policy Directorate
Employment and Social Development Canada

mona.nandy@hrsdc-rhdcc.gc.ca

Enabling Acts

• Employment Insurance Act;
• Department of Employment and Social Development Act.

Rationale

This regulatory initiative aims to address a number of issues raised by the Standing Joint Committee on the Scrutiny of Regulations (SJCSR – a joint committee of the House of Commons and Senate that is tasked with reviewing and making recommendations on the legality and procedural aspects of regulations).

Narrative

The objective of this review is to address items raised by the SJCSR and to conduct a full review of the regulations in their entirety to ensure consistency and accuracy. The issues identified by the SJCSR are administrative in nature and would improve consistency and clarity within the SIN Regulations. The specific items raised by the SJCSR consist of the following:

• Clarification regarding wording in section 4;
• Clarifications regarding wording used to reflect operational practices in section 3(4); and
• Ensuring concordance between English and French in section 2 and paragraph 5(2)(a).

This review and amendments were included in the 2022 to 2024 Forward Regulatory Plan.

Date of last review or amendment (Year)

The last amendment took place in 2018 (SOR/2018-136).

Targeted start for review (Year)

The targeted start for the review process is the 2022 to 2023 fiscal year. The expected timeframe to complete the review process is one year.

Stakeholder Feedback

N/A – Given the administrative nature of these regulatory amendments, there are no public consultation opportunities with stakeholders planned at this time. Treasury Board Secretariat approval will be sought for exemption to Canada Gazette, Part I pre-publication.

Outcomes

N/A – The review and amendment process is not yet complete.

For further information

N/A

Departmental contact:

Chris Durham-Valentino
Director, Policy and Partnerships
Integrity Services Branch
Service Canada
Employment and Social Development Canada
819-654-7621
chris.durhamvalentino@servicecanada.gc.ca