AMENDMENTS NOT IN FORCE

• — 2000, c. 12, s. 107(1)

  • 107. (1) Subsections 23(1) and (2) of the Act are replaced by the following:

    Parental benefits

    • 23. (1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant to care for

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

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

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

    • Weeks for which benefits may be paid

      (2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period that begins with the week in which

      • (a) the child or children of the claimant are born,

      • (b) the child or children are actually placed with the claimant for the purpose of adoption, or

      • (c) the claimant first meets the requirements set out in the regulations made under paragraph 54(f.1)

       and ends 52 weeks after that week.

• — 2000, c. 12, s. 107(3)

  •  (3) Section 23 of the Act is amended by adding the following after subsection (4):

    • Interpretation

      (5) Subsections 12(3) to (8) and subparagraph 58(1)(b)(ii) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).

• — 2000, c. 12, s. 109

  109. Section 54 of the Act is amended by adding the following after paragraph (f):

  • (f.1) for the purposes of paragraphs 23(1)(c) and (2)(c) and subsection 23(5), 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 matter that the Commission considers necessary for the purpose of carrying out the provisions of section 23;

• — 2000, c. 14, s. 10

  Bill C-23

  10. If Bill C-23, introduced in the 2nd Session of the 36th Parliament and entitled the Modernization of Benefits and Obligations Act (the “other Act”), receives royal assent, then on the later of the coming into force of section 107 of the other Act and the coming into force of section 4 of this Act, subsection 23(5) of the Employment Insurance Act is replaced by the following:

  • Interpretation

    (5) Subsections 12(3) to (8) and subparagraph 58(1)(b)(ii) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).

  • Deferral of waiting period

    (6) A major attachment claimant who makes a claim for benefits under this section may have his or her waiting period deferred until he or she makes another claim for benefits in the same benefit period, otherwise than under section 22 or this section, if

    • (a) the claimant has already made a claim for benefits under section 22 or this section in respect of the same child and has served the waiting period;

    • (b) another major attachment claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving his or her waiting period;

    • (c) another major attachment claimant is making a claim for benefits under section 22 or this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or

    • (d) the claimant or another major attachment claimant meets the prescribed requirements.

• — 2009, c. 33, s. 34

  2000, c. 14

  34. On the first day on which both section 10 of the Budget Implementation Act, 2000 has produced its effects and subsection 7(2) of this Act is in force, subsection 23(6) of the Employment Insurance Act, as enacted by that subsection 7(2), is renumbered as subsection (7) and is repositioned accordingly if required.

• — 2009, c. 33, s. 35

  2000, c. 12

  35. On the first day on which both subsection 107(3) of the Modernization of Benefits and Obligations Act and section 16 of this Act are in force, section 152.05 of the Employment Insurance Act is amended by adding the following after subsection (13):

  • Interpretation

    (13.1) Subsections 152.14(1) to (8) are to be read as including the situation where a self-employed person is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).

• — 2009, c. 33, s. 36

  2000, c. 12

  36. 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:

    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).

    • 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.