Publication
Keeping your dawn raid guidance current
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
Canada | Publication | April 20, 2020 - 4 PM ET
o To be eligible for Qualifying Period 1 (March 15 to April 11), an employer must have experienced a 15% decline in revenues. This decline can be calculated by an employer by comparing March 2020 revenues to either:
(a) March 2019 revenues; or
(b) average revenues in January and February, 2020
o To be eligible for Qualifying Period 2 (April 12 to May 9), an employer must have experienced a 30% decline in revenues. This decline:
(a) is assumed, if the employer was eligible in Qualifying Period 1; or
(b) can be calculated by comparing April 2020 revenues to either:
i. April 2019 revenues, or
ii. average revenues in January and February, 2020
o To be eligible for Qualifying Period 3 (May 10 to June 6), an employer must have experienced a 30% decline in revenues. This decline:
(a) is assumed, if the employer was eligible in Qualifying Period 2; or
(b) can be calculated by comparing May 2020 revenues to either:
i. May 2019 revenues, or
ii. average revenues in January and February, 2020
For example, if an employee’s pre-crisis wages are $1,000, and the employer recalls him/her to work during a claiming period and pays him/her $800 per week, the employer would be provided CEWS of $750 per week to subsidize the wages of that employee. This is based on the following:
(a) 75% of the weekly amount actually paid to the employee during the crisis is $600 ($800 * .75)
(b) 75% of the employee’s pre-crisis weekly wages is $750 ($1000 * .75). This amount is less than 100% of the weekly amount actually paid to the employee during the claiming period (being $800). Thus, $750 is the “lesser” amount in (b)
The employer is entitled to CEWS equal to the greater of (a) and (b). The applicable amount in (b) ($750) is greater than the amount calculated in (a) ($600). So, CEWS reimburses the employer $750 of the $800 actually paid to the employee in each week of the claiming period.
CEWS for non-arm’s-length employees is calculated slightly differently than the above.
Stay on top of it
The government is expected to release online CEWS application forms in the next couple of weeks. Like other federal benefits currently available to employers, CEWS is likely to be further amended and refined over time. For a summary of other COVID-related benefits for Canadian employers, see our Guide to Government Relief Programs.
Publication
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
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