Rights and Immigration during COVID-19 Hosted by CLEO in partnership - - PowerPoint PPT Presentation
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
Liz Majic, Connecting Ottawa Heather Neufeld, Private Bar Lawyer/Volunteer, Connecting Ottawa Karen Cocq, Migrant Workers’ Alliance for Change April 23, 2020
Supported by:
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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
systems of colonization.
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From CLEO
Guest Presenters
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A PROJECT OF
▪ 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
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
▪ 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
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
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
▪ 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
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
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
▪ 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
▪ 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
▪ 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
▪ 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
▪ 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
▪ 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
▪ Maha worked as a housecleaner in 2019 and for part 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
▪ 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
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
▪ Fatima’s employer is still operating and requiring Fatima to work. Fatima lives with an elderly parent who is
may contract COVID-19 and pass it off to her parent. What should she do?
A PROJECT OF
▪ 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
Two ways to apply: ▪ By phone (1-800-959-2019) ▪ Best option to protect client privacy ▪ Automated service and therefore minimizes collection
▪ 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
▪ 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
Available at: connectingottawa.com
A PROJECT OF
▪ *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
▪ *There is still much we don’t know about the intersection
A PROJECT OF
▪ 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
▪ 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
▪ 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.
Can someone without legal status ever qualify for CERB?
A PROJECT OF
▪ For those not yet permanent residents, working without a work permit means they are working without
and thus do not qualify for CERB. ▪ They may be able to apply for Ontario Works.
Is someone eligible for CERB if they were working without a work permit?
A PROJECT OF
▪ 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.
Is someone eligible for CERB if they are under an enforceable removal order?
A PROJECT OF
▪ 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
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.
What if someone’s work permit expired while they were working and they are waiting for another one to arrive?
A PROJECT OF
▪ 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
A PROJECT OF
▪ 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.
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?
A PROJECT OF
▪ 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.
Does receiving CERB make someone ineligible to sponsor close family members from inside Canada or from abroad?
A PROJECT OF
▪ 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.
If someone sponsors a family member who receives CERB during the sponsorship period, has the sponsor violated the terms of the sponsorship?
applications, but delays
passport submissions, medical & police certifications ○ Include a letter of explanation!
your stay ASAP → Implied Status
your status
From: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications- manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html
Renewing your SIN
mail ○ SIN application form ○ Send original documents by mail
Negative impact on future PR applications
employment
What can we do about it?
Concerns about “distance learning” & PGWP
affect PGWP eligibility
program online and from outside the country
permits or approved for one before March 18, 2020
allowed to come in
Work hours
still only work 20 hours per week off-campus New exemption on hours of work:
critical infrastructure, supply of food or other critical goods
CERB
○ Implied status ○ Expired SIN ○ No work in summer term New Canada Emergency Student Benefit
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
migrantrights.ca
migrantrights.ca
https://migrantrights.ca/
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