Workers who resist vaccine mandates may not be eligible for EI, according to feds
Workers who lose their job over a refusal to vaccinate against COVID-19 may not be eligible for employment insurance benefits, according to updated guidelines from the federal government.
Employment and Social Development Canada (ESDC) has issued a notice to employers enforcing vaccine mandates to help them fill out records of employment, a document needed to apply for EI benefits.
The department said if an employee doesn't report to work or is suspended or terminated for refusing to comply with a vaccine mandate, the employer should indicate that they quit, took a leave of absence or were dismissed -- potentially disqualifying them from EI.
The notice also laid out multiple factors that could be considered, including whether the vaccine policy was clearly communicated, if it was reasonable within the workplace context and potential exemptions.
"A fundamental principle of the EI program is that claimants must lose their employment through no fault of their own to be eligible for EI regular benefits," Marie-Eve Sigouin-Campeau, a spokesperson for ESDC, said in an emailed statement.
"The Employment Insurance Act states that a claimant is disqualified (or disentitled) from receiving benefits if they have been suspended or dismissed as a result of their own misconduct, or if they have voluntarily left their employment without just cause."
She added that while all claims for benefits would be adjudicated based on individual circumstances, employees not complying with a mandatory vaccination policy would typically not be eligible to receive EI regular benefits -- unless there are extenuating circumstances, such as a valid medical exemption that the employer is unable to accommodate.
Whether workers who refuse to comply with mandatory COVID-19 vaccinations would have access to benefits depends on several factors, but the onus would be on the claimant to demonstrate just cause for leaving, Sigouin-Campeau said.
If a workplace vaccine policy does not provide exemptions to accommodate employees who have valid reasons, like a medical condition or religious beliefs that prohibit vaccination, these workers could be eligible for benefits, she said.
Employment lawyer Adam Savaglio said employment insurance claims will likely be assessed on a case-by-case basis.
"The key question is are you entitled to benefit from employment insurance if you refuse to vaccinate," said Savaglio, a partner with Scarfone Hawkins LLP in Hamilton, Ont.
"I think they're going to take a contextual approach, looking at all the factors of that individual's employment, including whether it was a necessary condition of their employment contract that they be vaccinated," he said.
"There will certainly be circumstances where employees will not be entitled to employment insurance."
Employment lawyer Chris Justice said typically the only time an individual's employment insurance claim is denied is when there was "just cause" for their termination. Generally, this refers to conduct of a serious nature that breaks the employment contract.
"The question would be whether or not somebody's refusal to be vaccinated or adhere to a company's vaccination policy would amount to just cause," said Justice, an associate at Samfiru Tumarkin LLP.
"Unless there is government legislation in place -- whether provincial or federal -- that specifically requires an employer to have its employees vaccinated, then somebody's refusal to be vaccinated may not amount to a just cause dismissal and therefore they would be entitled to severance and EI benefits."
Many provincial governments across Canada have introduced mandatory vaccine policies in health care and school settings.
Ottawa also said it will require federal employees and workers in federally regulated industries to be vaccinated.
Some companies have also brought in vaccination policies, saying they have a duty to keep their workplaces safe.
This report by The Canadian Press was first published Oct. 22, 2021.
IN DEPTH
Trudeau, key election players to testify at foreign interference hearings. What you need to know
The public hearings portion of the federal inquiry into foreign interference in Canadian elections and democratic institutions are picking back up this week. Here's what you need to know.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Who is supporting, opposing new online harms bill?
Now that Prime Minister Justin Trudeau's sweeping online harms legislation is before Parliament, allowing key stakeholders, major platforms, and Canadians with direct personal experience with abuse to dig in and see what's being proposed, reaction is streaming in. CTVNews.ca has rounded up reaction, and here's how Bill C-63 is going over.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
TREND LINE What Nanos' tracking tells us about Canadians' mood, party preference heading into 2024
Heading into a new year, Canadians aren't feeling overly optimistic about the direction the country is heading, with the number of voters indicating negative views about the federal government's performance at the highest in a decade, national tracking from Nanos Research shows.
Opinion
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
opinion Don Martin: Pierre Poilievre's road to apparent victory will soon start to get rougher
Pierre Poilievre and his Conservatives appear to be on cruise control to a rendezvous with the leader's prime ministerial ambition, but in his latest column for CTVNews.ca, Don Martin questions whether the Conservative leader may be peaking too soon.
opinion Don Martin: The Trudeau lessons from Brian Mulroney's legacy start with walking away
Justin Trudeau should pay very close attention to the legacy treatment afforded former prime minister Brian Mulroney, who died on Thursday at age 84, writes columnist Don Martin.
opinion Don Martin: ArriveCan debacle may be even worse than we know from auditor's report
It's been 22 years since a former auditor general blasted the Chretien government after it 'broke just about every rule in the book' in handing out private sector contracts in the sponsorship scandal. In his column for CTVNews.ca, Don Martin says the book has been broken anew with everything that went on behind the scenes of the 'dreaded' ArriveCan app.
CTVNews.ca Top Stories
Spring allergy season has begun. Where is it worse in Canada?
The spring allergy season has started early in many parts of Canada, with high levels of pollen in some cities already. Experts weigh in on which areas have it worse so far this season.
'Nonsense:' Doug Ford slams lawsuits filed by Ontario school boards against social media platforms
Premier Doug Ford says that lawsuits launched by four Ontario school boards against a trio of social media platforms are “nonsense” and risk becoming a distraction to the work that really matters.
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
Record-breaking N.B. lottery winner kept winning ticket on dresser for nearly a year
A New Brunswicker will go to bed Thursday night much richer than he was Wednesday after collecting on a winning lottery ticket he let sit on his bedroom dresser for nearly a year.
Multiple bridges in Calgary shut down for police incident
Calgary police have shut down a number of bridges into and out of the downtown core as officers deal with a distraught individual.
King Charles calls for acts of friendship in first public remarks since Kate's cancer diagnosis
King Charles III gave public remarks for Maundy Thursday, addressing the importance of acts of friendship, following his and Catherine, Princess of Wales’ cancer diagnoses.
Fallen crypto mogul Sam Bankman-Fried sentenced to 25 years in prison
Crypto entrepreneur Sam Bankman-Fried was sentenced Thursday to 25 years in prison for a massive fraud that unravelled with the collapse of FTX, once one of the world's most popular platforms for exchanging digital currency.
A dog and a bird formed an unlikely friendship. Their separation has infuriated followers
Peggy is a stout and muscular Staffordshire bull terrier, and Molly is a magpie, an Australian bird best known for swooping on humans during breeding season, not for befriending dogs. But in an emotional video posted online, Peggy’s owners announced that the animals had been separated.
Tipping is off the table at this Toronto restaurant
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff.
Local Spotlight
Conservation officers seize 9-foot python from Chilliwack home
B.C. conservation officers recently seized a nine-foot-long Burmese python from a home in Chilliwack.
Record-breaking N.B. lottery winner kept winning ticket on dresser for nearly a year
A New Brunswicker will go to bed Thursday night much richer than he was Wednesday after collecting on a winning lottery ticket he let sit on his bedroom dresser for nearly a year.
Ontario auto-insurance changes could leave some vulnerable, says expert
The Ontario government is introducing changes to auto-insurance, but some experts say the move is ill-advised.
A tiny critter who could: Elusive Newfoundland Marten makes improbable comeback
Newfoundland’s unique version of the Pine Marten has grown out of its threatened designation.
Tipping is off the table at this Toronto restaurant
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff.
Ontario man loses $12K to deepfake scam involving Prime Minister Justin Trudeau
A Toronto man is out $12,000 after falling victim to a deepfake cryptocurrency scam that appeared to involve Prime Minister Justin Trudeau.
Record-setting pop tab collection for Ontario boy
It started small with a little pop tab collection to simply raise some money for charity and help someone — but it didn’t take long for word to get out that 10-year-old Jace Weber from Mildmay, Ont. was quickly building up a large supply of aluminum pop tabs.
'I was just like, holy cow!': Saskatoon dumpster divers reclaim wasted valuables
There’s a group of people in Saskatoon that proudly call themselves dumpster divers, and they’re turning the city’s trash into treasure.
Ontario to balance budget ahead of 2026 election, citing delay due to 'economic uncertainty'
Ontario is facing a larger than anticipated deficit but the Doug Ford government still plans to balance its books before the next provincial election.