The federal government is standing by its decision to deny Employment Insurance benefits to workers who lost their jobs after refusing to comply with employer COVID-19 vaccine mandates, arguing that such refusals can constitute "misconduct" under the Employment Insurance Act.

In a written response to Conservative MP Garnett Genuis, tabled June 10, Employment and Social Development Canada said workers who "willfully refuse" to comply with a mandatory vaccination policy and are subsequently suspended or dismissed may be found ineligible for EI because their unemployment resulted from their own actions.

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"A fundamental principle of the Employment Insurance program is that clients must lose their employment through no fault of their own," the department wrote, adding that a finding of misconduct can be established when there is a clear connection between a worker's refusal to be vaccinated and the loss of employment.

The government also revealed that Service Canada issued guidance to EI officers on October 19, 2021, directing them that employees who quit or were terminated for refusing mandatory vaccination policies would generally not have "just cause" unless they qualified for exemptions such as medical conditions or religious beliefs protected by the Charter. The guidance was updated again in January 2022.

Despite defending the policy, the department admitted it cannot accurately say how many EI claims were denied specifically because of vaccine mandate disputes. Ottawa said employers were not required to specify vaccination status when filing Records of Employment, making it impossible to produce a comprehensive count without manually reviewing individual files.

The government further stated it has not conducted any targeted review of EI decisions related to vaccine mandates, although standard quality-control monitoring continues.

The response also notes that several court challenges brought by workers denied EI benefits over vaccine mandate non-compliance have failed. The government cited decisions in Hickey, Sturgeon, and Arnold, as well as the Supreme Court of Canada's refusal to hear an appeal in Cecchetto.

The written response comes years after federal and provincial governments, Crown corporations, and many private employers implemented vaccine mandates during the COVID-19 pandemic, leading to thousands of suspensions, terminations, and workplace disputes across Canada.