Changes to Regulation 19 of the EI Act and how they impact the Record of Employment (ROE)

Information for Employers and Payroll Professionals

What is the current EI Regulation 19(3)?

Regulation 19(3) defines the ROE reporting requirements for employers. It states that the employee’s copy of an ROE shall be delivered by an employer no later than five days after the first day of the interruption of earnings or the day on which the employer becomes aware of the interruption of earnings, whichever is later.

What are the changes to EI Regulation 19(3) and how does it affect employers and payroll professionals?

The changes apply strictly to Records of Employment submitted electronically by employers to Service Canada through our online services such as ROE Web. The changes will allow employers to issue an electronic ROE no later than 5 days after the end of the pay period during which the first day of the employee’s interruption of earnings falls. However, if there are thirteen or fewer pay periods per year under the employer’s pay cycle, the electronic ROE is issued either no later than 5 days after the end of the pay period during which the first day of the employee’s interruption of earnings falls or fifteen days after the first day of the interruption of earnings, whichever comes first.

Furthermore, the changes exempt the employers filing electronic ROEs from printing a paper copy for the employee.

For additional information on how the changes affect the way you issue ROEs, please refer to the Important Information for Employers – Changes to Regulations Concerning Electronic ROEs provided for this purpose.

Why has the Regulation changed?

The Regulation has changed to respond to requests from the employer community to align the issuance of electronic ROEs with the payroll cycle thereby reducing the work associated with amending ROEs and, reducing the paper burden of printing and mailing paper copies of electronic ROEs to employees.

The current Regulation remains in effect for all employers who produce ROEs on a paper form. To learn how you can eliminate the need to manually complete and store ROEs, reduce paper burden and save on postal fees, please visit The Record of Employment on the Web (ROE Web) on the Service Canada web site.

When will these changes take effect?

The changes to Regulation 19(3) are effective March 15, 2009.

How will employees obtain a copy of their Records of Employment?

Employees are not required to submit a paper copy of the electronic ROE to Service Canada. Should the employee still wish to view and print a copy, he can do so on the same day you submit the ROE by visiting My Service Canada Account on the Service Canada website: www.servicecanada.gc.ca.
Should the employee still request a copy of the ROE, please print one for him as a courtesy.

We continue to work closely with our partners

Service Canada is committed to minimizing the impact of this Regulation change on employers while trying to improve the EI program for all Canadians. We will continue to work closely with payroll service providers, software vendors, employers and employer associations to provide support.