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Fairness for the Self-Employed Act (S.C. 2009, c. 33)

Assented to 2009-12-15

Marginal note:2000, c. 12

 On the first day on which both section 109 of the Modernization of Benefits and Obligations Act and section 16 of this Act are in force:

  • (a) paragraph 54(f.1) of the Employment Insurance Act is replaced by the following:

    • (f.1) for the purposes of paragraphs 23(1)(c) and (2)(c), subsection 23(5) paragraphs 152.05(1)(c) and (2)(c) and subsection 152.05(7), respecting the following requirements, subject to consulting the governments of the provinces:

      • (i) the circumstances in which the claimant must be caring for the child or children,

      • (ii) the criteria that the claimant must meet,

      • (iii) the conditions that the claimant must fulfil, and

      • (iv) any other matter that the Commission considers necessary for the purpose of carrying out sections 23 and 152.05;

  • (b) subsections 152.05(1) and (2) of the Employment Insurance Act are replaced by the following:

    Marginal note:Parental benefits
    • 152.05 (1) Subject to this Part, benefits are payable to a self-employed person to care for

      • (a) one or more new-born children of the person;

      • (b) one or more children placed with the person for the purpose of adoption under the laws governing adoption in the province in which the person resides; or

      • (c) one or more children if the self-employed person meets the requirements set out in the regulations made under paragraph 54(f.1).

    • Marginal note:Weeks for which benefits may be paid

      (2) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period

      • (a) that begins with the week in which the child or children of the self-employed person are born and that ends 52 weeks after that week;

      • (b) that begins with the week in which the child or children of the self-employed person are actually placed with the self-employed person for the purpose of adoption and that ends 52 weeks after that week; or

      • (c) that begins with the week in which the self-employed person first meets the requirements set out in the regulations made under paragraph 54(f.1) and ends 52 weeks after that week.

COMING INTO FORCE

Marginal note:Sections 2 to 33
  •  (1) Subject to subsection (2), sections 2 to 33 come into force on the later of the day on which this Act receives royal assent and January 1, 2010.

  • Marginal note:Exception

    (2) Subsections 152.25(2) and (3) of the Employment Insurance Act, as enacted by section 16, come into force on January 1, 2011.

 

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