Income Security (Legal Information for Indigenous People)

Employment Insurance

The EI Application is online and takes about 40 minutes. As a general rule, apply within 4 weeks of stopping work https://www.canada.ca/en/ services/benefits/ei/ei-regular-benefit/apply.html

Regular Benefits

• Eligible if you lise work through no fault of your own (shortage of work, laid off, etc.) and
• You have the required amount of hours in the last 52 weeks (a minimum of 420 hours) but changes back to pre-Covid rules September 24, 2022

Sickness Benefits

• Eligible if unable to work for medical reasons
• Have enough hours
• Medical note

Maternity

• Eligible when pregnant or caring for newborn
• Have enough hours

Caregiver Benefits

• Providing care for critically ill or injured family member
• Have enough hours
• Medical note

Parental Benefits

• Eligible when parents are away from work to care for their newborn or newly adopted child
• Have enough hours

Fishing EI

• Have made the required earnings $2500 from fishing
• Apply within four weeks from end of fishing

Compassionate Care Benefits

• Providing care for family member in need of end-of- life care
• Have enough hours
• Medical note

General Tips

• Apply ASAP. You do not need to wait for your ROE. You will want to confirm that it has been sent. You will not get money from EI until the ROE is received.
• If quit or fired or late applying call a Legal Advocate to assist. Do not assume you are not eligible.
• If you return to work, even temporarily, report the income because you could owe money back if you double-dip and you may have a harder time getting EI in the future.
• If fired, you will be ineligible for EI unless you can show that you did not lose your job due to your own misconduct.
• If you quit, you will be ineligible unless you show that there was no reasonable alternative to quitting (e.g. hostile work environment) and that quitting was the only reasonable solution.
• If denied, call a Legal Advocate: to assess and help with an appeal You must file within 30 days after the date the decision was communicated to you.

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Disability Benefits

There are different kinds of Disability Benefits that people may be eligible for. It is important that you check the requirements so you apply for the best one for you.

Canada Pension Plan Disability (CPP-D) benefits

To qualify for CPP-D, you must:

• Be under 65 years of age
• Have made the required amount of contributions from your paychecks
• Not all Bands contribute to CPP, so check your pay stub to check or ask if unsure
• Have made contributions to the program in four of six years before you became disabled, with minimum levels of earnings in each of these years, or in three of the prior six years for those with 25 or more years of contribution
• Call Service Canada to check if you are unsure about contributions 1-800-277-9914.
• Have not collected CPP Early Retirement for more than 15 months and
• Have a “severe and prolonged” disability as defined in the CPP legislation: Severe is a condition that makes “a person incapable of regularly pursuing any substantially gainful occupation.” Prolonged is defined as “likely to be long continued and of indefinite duration or is likely to result in death…” https://www.canada.ca/en/services/benefits/ publicpensions/cpp/cpp-disability-benefit/apply
• You can apply online or by mail. See: https://www.canada.ca/en/ services/benefits/publicpensions/cpp/cpp-disability-benefit/apply

Talk to your Doctor about filling in the forms. Call a Legal Advocate for help applying. If you are denied, call the Disability Alliance of BC or another Legal Advocate for help with an appeal 604-872-1278

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

To determine the proper value or worth of something. A lawyer's bill may be assessed by a registrar to determine the actual amount the client should pay. See "appraisal."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

An act; a statute; a written law made by a government. See "regulations."