Canada’s EI program is meant to support Canadians who lose their jobs through no fault of their own while they look for work or upgrade their skills.

Eligibility for Employment Insurance (EI) benefits is determined based on the number of insurable hours worked in the previous 52 weeks from the date of job loss. All benefits must generally be taken within 52 weeks after the date of job loss. Benefits not taken within this period lapse once the 52-week benefit period has expired.

However, there are a few exemptions that allow for an extension to the qualification period or the benefit period. One of these exemptions was for individuals "confined in a jail, penitentiary or other similar institution." Individuals who were jailed were allowed to extend the qualifying period in which to count insurable hours by the number of weeks that they were confined, to a maximum of 104 weeks, or to extend the period in which benefits could be paid, depending on when the confinement occurred.

What this meant in practice is that under the past system, convicted criminals who served one year in prison were, once released, allowed to look back beyond the one year for an additional 52 weeks. If they worked enough hours in the year before they were incarcerated, they would then qualify for benefits after their release from jail.

In contrast, individuals who took a year off work to spend time with their family would, on their return to their job, have to work enough hours to re-qualify for benefits. If they lost their job before they re‑qualified for benefits, they would receive no benefits.

On June 26, 2013, Bill C-316 ended the extension offered to convicted criminals. As of June 30, 2013, they will no more have longer qualifying and benefit periods than law-abiding Canadians.

Those people found not guilty of the charges that detained them may continue to receive extensions. They will, though, need to wait for the outcome of their judicial proceedings before requesting an extension of their qualifying or benefit period.

Our government holds the position that it’s unfair to Canada’s law-abiding citizens to give preferential treatment to convicted felons who apply for EI benefits. The change means that all Canadians must satisfy the same criteria when applying for EI.

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The audio version of Garry's September 2, 2013 op-ed column can be heard by clicking here