The deadline to file or amend Canada Emergency Wage Subsidy (“CEWS”) applications for Periods 1 to 5 (i.e., March 15, 2020 to August 1, 2020) is quickly approaching. Since the filing due date for a CEWS application is the later of: (i) January 31, 2021 and (ii) 180 days after the end of the particular qualifying period, eligible employers who intend to apply for the CEWS in respect of one or more of those periods (or amend a previously-filed application or amend or revoke any election, in each case, in respect of any such period) must do so on or before January 31, 2021.

For reference, Periods 1 to 5 are as follows:

• Period 1 – March 15, 2020 to April 11, 2020;

• Period 2 – April 12, 2020 to May 9, 2020;

• Period 3 – May 10, 2020 to June 6, 2020;

• Period 4 – June 7, 2020 to July 4, 2020; and

• Period 5 – July 5, 2020 to August 1, 2020.

For periods beginning on or after August 2, 2020 (i.e., Period 6 and onwards), the deadline to file a CEWS application (or amend or revoke an election in respect thereof) is generally 180 days after the end of the particular qualifying period. However, certain elections (e.g., the election to use cash or accrual method for determining qualifying revenue and the election to use the alternative approach for prior reference periods) that apply to multiple qualifying periods must be made (or otherwise amended or revoked) on or before the application due date for the first qualifying period in respect of which the election is made. As such, the upcoming January 31, 2021 deadline may also be important in respect of elections that affect CEWS applications for Period 6 and onwards.

Additional commentary from our Firm on the CEWS can be found here, here, here, here, here, here, here, here, here and here.

For assistance, please contact any member of our National Tax or Labour & Employment teams.