On April 11, 2020, the Department of Finance introduced the COVID-19 Emergency Response Act, No.2, which provides additional flexibility the Canada Emergency Wage Subsidy (CEWS), which was first launched on March 27, 2020.
In order to better address the reality of this situation and work with the ongoing changes, the Government of Canada has introduced the following flexibilities:
• To measure revenue loss, it is proposed that all employers have the flexibility to compare their revenue of March, April and May 2020 to that of the same month of 2019, or to an average of revenue earned in January and February 2020.5
• For March, the Government proposes to make the CEWS more accessible than originally announced by reducing the 30 per cent benchmark to 15 per cent, in recognition of the fact that many businesses did not begin to be affected by the crisis until partway through the month.5
• In recognition that the time between when revenue is earned and when it is paid could be highly variable in certain sectors of the economy, it is proposed that employers be allowed to measure revenues either on the basis of accrual accounting (as they are earned) or cash accounting (as they are received). Special rules would also be provided to address issues for corporate groups, non-arm’s length entities and joint ventures.5
• Registered charities and non-profit organizations would also be able to benefit from the additional flexibilities being provided to employers with respect to the revenue loss calculation. In addition, to recognize that different types of organizations are experiencing different types of funding pressures, it is proposed that charities and non-profit organizations be allowed to choose to include or exclude government funding in their revenues for the purpose of applying the revenue reduction test.5
CEWS would provide a 75 per cent wage subsidy to eligible employers for up to 12 weeks from March 15 to June 6, 2020. Eligible employers would include individuals, taxable corporations, partnerships consisting of eligible employers, non profit organization and registered charities.4 The Canadian Emergency Wage Subsidy would apply at a rate of 75 per cent of the first $58,700 normally earned by employees, which would represent a benefit of up to $847 per week, per employee.5
The Canadian government will continue to carefully monitor all developments relating to the COVID-19 outbreak and continue to take further action to protect Canadians and the economy.
Disclaimer
The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting members of Carson Law, Carson IP, or their own legal counsel regarding any specific legal issues. Carson Law does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.
References
1Brown, K., Meighen, C., Nearing, R. W., Purkey, F., & Juneja R. (2020, April 13). Tax Measures Under Canada’s COVID-19 Economic Response Plan. Retrieved April 15, 2020, from https://www.mccarthy.ca/en/insights/blogs/mccarthy-tetrault-tax-perspectives/tax-measures-under-canadas-covid-19-economic-reponse-plan 2Business, C. F. O. I. (2020, April 10). Canadian Federation Of Independent Business. Retrieved April 14, 2020, from https://www.cfib-fcei.ca/en/advocacy/employment-and-labour/ontario-covid-19-relief-measures-your-business 3Canada Revenue Agency. (2020, March 31). Government of Canada. Retrieved April 15, 2020, from https://www.canada.ca/en/revenue-agency/campaigns/covid-19-update/frequently-asked-questions-gst-hst.html 4Department of Finance Canada. (2020, April 11). Archived – Additional Details on the Emergency Wage Subsidy. Retrieved April 14, 2020, from https://www.canada.ca/en/department-finance/news/2020/04/additional-details-on-the-canada-emergency-wage-subsidy.html 5Department of Finance Canada. (2020, April 11). Government provides further flexibility for employers to access the Canada Emergency Wage Subsidy. Retrieved April 13, 2020, from https://www.canada.ca/en/department-finance/news/2020/04/government-provides-further-flexibility-for-employers-to-access-the-canada-emergency-wage-subsidy.html 6Ministry of Finance. (2020, April 7). Employer Health Tax. Retrieved April 15, 2020, from https://www.fin.gov.on.ca/en/tax/eht/index.html 7Ministry of Labour, Training and Skills Development. (2020, March 26). UPDATED: Ontario Enabling Financial Relief for Businesses. Retrieved April 13, 2020, from https://news.ontario.ca/mol/en/2020/03/ontario-enabling-financial-relief-for-businesses-1.html 8Osler. (2020, March 19). COVID-19 Quick-Reference Considerations for Employers. Retrieved April 14, 2020, from https://www.osler.com/en/resources/regulations/2020/covid-19-quick-reference-considerations-for-employers#Section1-a 9Shapiro, Hulton, & Lucha, B. (2020, April). COVID-19: The Essential Need-to-Know Guide for Employers and Employees: Insights. Retrieved April 13, 2020, from https://www.dickinson-wright.com/news-alerts/covid19-the-essential-guide-for-employers#a. Federal Amendments to the Canada Labour Code
