Fairness for Military Families (Employment Insurance) Act (S.C. 2010, c. 9)

Assented to 2010-06-29

Fairness for Military Families (Employment Insurance) Act

S.C. 2010, c. 9

Assented to 2010-06-29

An Act to amend the Employment Insurance Act

SUMMARY

This enactment amends the Employment Insurance Act to extend the benefit period and the period during which parental benefits may be paid for Canadian Forces members whose period of parental leave is deferred or who are directed to return to duty from parental leave.

1996, c. 23

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marginal note:Short title

 This Act may be cited as the Fairness for Military Families (Employment Insurance) Act.

  •  (1) Section 10 of the Employment Insurance Act is amended by adding the following after subsection (12):

    • Marginal note:Extension of benefit period — Canadian Forces

      (12.1) If, during the period referred to in subsection 23(2), the start date of a claimant’s period of parental leave is deferred or a claimant is directed to return to duty from parental leave, in accordance with regulations made under the National Defence Act, the benefit period is extended by the number of weeks during which the claimant’s parental leave is deferred or the claimant is directed to return to duty, as the case may be.

  • Marginal note:2003, c. 15, s. 16(2)

    (2) The portion of subsection 10(15) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Maximum extension under subsections (13) to (13.3)

      (15) Unless the benefit period is also extended under any of subsections (10) to (12.1),

Marginal note:2002, c. 9, s. 14

 Subsection 23(3.1) of the Act is replaced by the following:

  • Marginal note:Extension of period — Canadian Forces

    (3.01) If, during the period referred to in subsection (2), the start date of a claimant’s period of parental leave is deferred or a claimant is directed to return to duty from parental leave, in accordance with regulations made under the National Defence Act, the period is extended by the number of weeks during which the claimant’s parental leave is deferred or the claimant is directed to return to duty, as the case may be.

  • Marginal note:Limitation

    (3.1) No extension under subsection (3) or (3.01) may result in the period being longer than 104 weeks.

Marginal note:Transitional
  •  (1) Sections 2 and 3 apply to a claimant whose benefit period began less than 104 weeks before the day on which this Act comes into force if the period referred to in subsection 23(2) of the Employment Insurance Act

    • (a) has not ended before that day; or

    • (b) ended before that day and, within the period referred to in that subsection, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave in accordance with regulations made under the National Defence Act, and the claimant’s deferral or return to duty, as the case may be, has not ended before that day.

  • Marginal note:Special case

    (2) Section 2 applies to a claimant and the period referred to in subsection 23(2) of the Employment Insurance Act is extended to 104 weeks if

    • (a) within the period referred to in that subsection, in accordance with regulations made under the National Defence Act, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave, as the case may be;

    • (b) the claimant’s deferral or return to duty ended before the day on which this Act comes into force;

    • (c) the claimant’s benefit period has not ended before that day; and

    • (d) the period referred to in that subsection ended before that day.

  • Marginal note:Other special case

    (3) A claimant’s benefit period and the period referred to in subsection 23(2) of the Employment Insurance Act are each extended to 104 weeks if

    • (a) within the period referred to in that subsection, in accordance with regulations made under the National Defence Act, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave, as the case may be;

    • (b) the claimant’s deferral or return to duty ended before the day on which this Act comes into force; and

    • (c) the claimant’s benefit period and the period referred to in that subsection each began less than 104 weeks before that day and both ended before that day.