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.

• — 2012, c. 19, s. 609(2)

  • 2008, c. 28, s. 127; 2010, c. 12, s. 2204(1)

    • 609. (2) Subsection 66(1) of the Act, as enacted by subsection (1), is replaced by the following:

      • Annual premium rate setting

        • 66. (1) Subject to subsection (7) and section 66.3, the Board shall set the premium rate for each year in order to generate just enough premium revenue to ensure that, at the end of the seven-year period that begins at the beginning of that year, the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008 is equal to the total of the amounts charged to that Account after that date.

• — 2012, c. 19, s. 609(6)

  • 2008, c. 28, s. 127; 2010, c. 12, s. 2204(1)

    • 609. (6) Section 66 of the Act is amended by adding the following after subsection (7):

      • Non-application

        (7.1) Despite subsection (7), the premium rate may be decreased by more than five one-hundredths of one per cent (0.05%) from the year in which this subsection comes into force to the next year.

• — 2012, c. 19, s. 610(2), as amended by 2012, c. 31, s. 450

  • • 610. (2) Paragraphs 66.1(1)(a) and (b) of the Act are replaced by the following:

      • (a) if the Minister has made an announcement referred to in paragraph 66(2)(e), the forecast change in the amount of the payments to be made during each of the following seven years under paragraph 77(1)(a), (b) or (c), as the case may be;

      • (b) the forecast costs to be paid under paragraphs 77(1)(d), (d.1), (f) and (g) during each of the following seven years, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a);

• — 2012, c. 19, s. 611(2)

  • • 611. (2) Paragraph 66.2(1)(a) of the Act is replaced by the following:

      • (a) the most current available forecast values of the economic variables that are relevant to the determination under section 66 of a premium rate for the following year;

• — 2012, c. 27, s. 13

  • • 13. (1) Section 10 of the Employment Insurance Act is amended by adding the following after subsection (5.1):

      • Exception

        (5.2) A claim for benefits referred to in section 23.2 with respect to a critically ill child or children who are critically ill as a result of the same event must not be regarded as having been made on an earlier day under subsection (4) or (5) if

        • (a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

        • (b) the beginning of the period referred to in subsection 23.2(3) or (4) has already been determined with respect to that child or those children and the claim would have the effect of moving the beginning of that period to an earlier date; or

        • (c) the claim is made in any other circumstances set out in the regulations.

    • 2003, c. 15, s. 16(2); 2010, c. 9, s. 2(2)

      (2) Subsections 10(13) to (15) of the Act are replaced by the following:

      • Extension of benefit period — special benefits

        (13) If, during a claimant’s benefit period,

        • (a) regular benefits were not paid to the claimant,

        • (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (e) and at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons, and

        • (c) the maximum total number of weeks established for those reasons is greater than 50,

        the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.

      • Maximum extension under subsections (10) to (13)

        (14) Subject to subsection (15), an extension under any of subsections (10) to (13) must not result in a benefit period of more than 104 weeks.

      • Maximum extension under subsection (13)

        (15) Unless the benefit period is also extended under any of subsections (10) to (12.1), an extension under subsection (13) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 12(3) for each of the benefits paid to the claimant for one of the reasons mentioned in paragraphs 12(3)(a) to (e) during the claimant’s benefit period before it was extended under subsection (13).

• — 2012, c. 27, s. 14

  • • 14. (1) Subsection 12(3) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

      • (e) because the claimant is providing care or support to one or more critically ill children described in subsection 23.2(1), is 35.

    • 2009, c. 33. s. 6

      (2) Subsection 12(4.1) of the Act is replaced by the following:

      • Maximum — compassionate care benefits

        (4.1) Even if more than one claim is made under this Act, at least one of which is made under section 23.1 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.1 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is six weeks during the period of 26 weeks that begins on the first day of the week referred to in paragraph 23.1(4)(a).

    • 2003, c. 15, s. 17(3)

      (3) Subsection 12(5) of the Act is replaced by the following:

      • Maximum — critically ill child

        (4.4) Even if more than one claim is made under this Act, at least one of which is made under section 23.2 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.2 — for the same reason and in respect of the same critically ill child, the maximum number of weeks of benefits payable under this Act in respect of that child is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.2(3)(a).

      • Maximum — critically ill children

        (4.5) Even if more than one claim is made under this Act, at least one of which is made under section 23.2 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.2 — for the same reason and in respect of the same children who are critically ill as a result of the same event, the maximum number of weeks of benefits payable under this Act in respect of those children is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.2(4)(a).

      • Combined weeks of benefits

        (5) In a claimant’s benefit period, the claimant may combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50. If the benefit period is extended under subsection 10(13), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 10(15) less two weeks.

• — 2012, c. 27, s. 17

  • 2003, c. 15, s. 18

    17. Subsections 23(3.2) to (3.4) of the Act are replaced by the following:

    • Extension of period — special benefits

      (3.2) If, during a claimant’s benefit period,

      • (a) regular benefits were not paid to the claimant,

      • (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (e),

      • (c) the maximum total number of weeks established for those reasons is greater than 50, and

      • (d) benefits were paid for the reason mentioned in paragraph 12(3)(b) but for fewer than the maximum number of weeks established for that reason,

      the period referred to in subsection (2) is extended so that benefits may be paid up to the maximum number of weeks referred to in paragraph 12(3)(b).

    • Limitation

      (3.3) An extension under subsection (3.2) must not result in the period referred to in subsection (2) being longer than the maximum benefit period calculated under subsection 10(15).

    • Limitation

      (3.4) An extension under any of subsections 10(10) to (13) must not result in the period referred to in subsection (2) being longer than 104 weeks.

• — 2012, c. 27, s. 18

  • 18. The Act is amended by adding the following after section 23.1:

    • Benefits — critically ill child

      • 23.2 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant, who is the parent of a critically ill child, in order to care for or support that child if a specialist medical doctor has issued a certificate that

        • (a) states that the child is a critically ill child and requires the care or support of one or more of their parents; and

        • (b) sets out the period during which the child requires that care or support.

      • Medical practitioner

        (2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.

      • Weeks for which benefits may be paid — child

        (3) Subject to subsection (4) and section 12, benefits under this section are payable for each week of unemployment in the period

        • (a) that begins on the first day of the week in which either of the following falls:

          • (i) the day on which the first certificate is issued in respect of the child that meets the requirements of subsection (1) and is filed with the Commission, or

          • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the specialist medical doctor certifies that the child is critically ill; and

        • (b) that ends on the last day of the week in which any of the following occurs:

          • (i) all benefits payable under this section in respect of the child are exhausted,

          • (ii) the child dies, or

          • (iii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).

      • Weeks for which benefits may be paid — children

        (4) Subject to section 12, if more than one child of the claimant is critically ill as a result of the same event, benefits under this section are payable for each week of unemployment in the period

        • (a) that begins on the first day of the week in which either of the following falls:

          • (i) the day on which the first certificate is issued in respect of any of the children that meets the requirements of subsection (1) and is filed with the Commission, or

          • (ii) in the case of a claim that is made before the day on which the certificate is issued, the first day from which the specialist medical doctor certifies that any of the children is critically ill; and

        • (b) that ends on the last day of the week in which any of the following occurs:

          • (i) all benefits payable under this section in respect of the children are exhausted,

          • (ii) the last of the children dies, or

          • (iii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).

      • Exception

        (5) Subparagraph (3)(a)(ii) or (4)(a)(ii) does not apply to a claim if

        • (a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

        • (b) the beginning of the period referred to in subsection (3) or (4), as the case may be, has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

        • (c) the claim is made in any other circumstances set out in the regulations.

      • Deferral of waiting period — child

        (6) Subject to subsection (7), a claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if

        • (a) another claimant has made a claim for benefits under this section or section 152.061 in respect of the same child during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;

        • (b) another claimant is making a claim for benefits under this section or section 152.061 in respect of the same child at the same time as the claimant and that other claimant elects to serve their waiting period; or

        • (c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.061 in respect of the same child, meets the prescribed requirements.

      • Deferral of waiting period — children

        (7) A claimant who makes a claim for benefits under this section — and more than one of whose children is critically ill as a result of the same event — may have their waiting period deferred until they make another claim for benefits in the same benefit period if

        • (a) another claimant has made a claim for benefits under this section or section 152.061 in respect of the same children during the period described in subsection (4) and that other claimant has served or is serving their waiting period in respect of that claim;

        • (b) another claimant is making a claim for benefits under this section or section 152.061 in respect of the same children at the same time as the claimant and that other claimant elects to serve their waiting period; or

        • (c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.061 in respect of the same children, meets the prescribed requirements.

      • Division of weeks of benefits

        (8) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.061 in respect of the same child or the same children who are critically ill as a result of the same event, any remaining weeks of benefits payable under this section, under section 152.061 or under both those sections, up to a maximum of 35 weeks, may be divided in the manner agreed to by those claimants. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

      • Maximum divisible number of weeks

        (9) For greater certainty, if, in respect of the same child or the same children who are critically ill as a result of the same event, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.061, the total number of weeks of benefits payable under this section and section 152.061 that may be divided between them must not exceed 35 weeks.

      • Limitation — compassionate care benefits

        (10) Benefits under section 23.1 or 152.06 are not payable in respect of a child during the period referred to in subsection (3) or (4) or 152.061(3) or (4) that is established in respect of that child.

      • Limitation

        (11) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed.

• — 2012, c. 27, s. 19

  • 2009, c. 33, s. 9(2)

    • 19. (1) Paragraph 54(c.2) of the Act is replaced by the following:

      • (c.2) setting out circumstances for the purposes of paragraphs 10(5.1)(c), 10(5.2)(c), 23.1(6)(c), 23.2(5)(c), 152.06(5)(c), 152.061(5)(c), 152.11(6)(c) and 152.11(6.1)(c);

    • 2009, c. 33, s. 9(3)

      (2) Paragraphs 54(f.3) and (f.4) of the Act are replaced by the following:

      • (f.21) defining or determining what is a parent, a critically ill child and a specialist medical doctor for the purposes of subsections 23.2(1) and 152.061(1);

      • (f.3) defining or determining what is care or support for the purposes of paragraphs 23.1(2)(b), 23.2(1)(a), 152.06(1)(b) and 152.061(1)(a);

      • (f.4) prescribing classes of medical practitioners for the purposes of subsections 23.1(3), 23.2(2), 152.06(2) and 152.061(2) and setting out the circumstances in which a certificate may be issued by them under subsection 23.1(2), 23.2(1), 152.06(1) or 152.061(1);

    • 2003, c. 15, s. 20(2); 2009, c. 33, s. 9(3)

      (3) Paragraphs 54(f.6) and (f.7) of the Act are replaced by the following:

      • (f.6) prescribing requirements for the purposes of paragraphs 23.1(7)(c), 23.2(6)(c), 23.2(7)(c), 152.06(6)(c), 152.061(6)(c) and 152.061(7)(c);

      • (f.7) prescribing rules for the purposes of subsections 23.1(9), 23.2(8) and 152.061(8);

• — 2012, c. 27, s. 20

  • 2003, c. 15, s. 22(1); 2009, c. 33, s. 10

    • 20. (1) Subsections 69(1) and (2) of the Act are replaced by the following:

      • Premium reduction — wage-loss plans

        • 69. (1) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s premium when

          • (a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care, compassionate care or a child’s critical illness under a plan that covers insured persons employed by the employer, other than one established under provincial law, would have the effect of reducing the special benefits payable to the insured persons; and

          • (b) the insured persons will benefit from the reduction of the employer’s premium in an amount at least equal to 5/12 of the reduction.

        • Provincial plans

          (2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s and employee’s premiums, the premiums under Part VII.1 or all those premiums, when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care, compassionate care or a child’s critical illness under a provincial law to insured persons, or to self-employed persons, as the case may be, would have the effect of reducing or eliminating the special benefits payable to those insured persons or the benefits payable to those self-employed persons.

    • (2) Section 69 of the Act is amended by adding the following after subsection (6):

      • Reference

        (7) The reference to the payment of allowances, money or other benefits because of a child’s critical illness in subsections (1) and (2) means the payment of allowances, money or other benefits for the same or substantially the same reasons for which benefits are payable under section 23.2.

• — 2012, c. 27, s. 22

  • 2009, c. 33, s. 16

    22. Subsections 152.05(5) to (10) of the Act are replaced by the following:

    • Extension of period

      (5) If, during a self-employed person’s benefit period, benefits were paid to the person for more than one of the reasons mentioned in paragraphs 152.14(1)(a) to (e), the maximum total number of weeks established for those reasons is greater than 50 and benefits were paid for the reason mentioned in paragraph 152.14(1)(b) but for fewer than the maximum number of weeks established for that reason, the period referred to in subsection (2) is extended so that benefits may be paid up to the maximum number of weeks referred to in paragraph 152.14(1)(b).

    • Limitation

      (6) An extension under subsection (5) must not result in the period referred to in subsection (2) being longer than the maximum benefit period calculated under subsection 152.11(16).

    • Limitation

      (7) An extension under any of subsections 152.11(11) to (14) must not result in the period referred to in subsection (2) being longer than 104 weeks.

• — 2012, c. 27, s. 23

  • 23. The Act is amended by adding the following after section 152.06:

    • Benefits — critically ill child

      • 152.061 (1) Subject to this Part, benefits are payable to a self-employed person, who is the parent of a critically ill child, in order to care for or support that child if a specialist medical doctor has issued a certificate that

        • (a) states that the child is a critically ill child and requires the care or support of one or more of their parents; and

        • (b) sets out the period during which the child requires that care or support.

      • Medical practitioner

        (2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.

      • Weeks for which benefits may be paid — child

        (3) Subject to subsection (4) and section 152.14, benefits under this section are payable for each week of unemployment in the period

        • (a) that begins on the first day of the week in which either of the following falls:

          • (i) the day on which the first certificate is issued in respect of the child that meets the requirements of subsection (1) and is filed with the Commission, or

          • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the specialist medical doctor certifies that the child is critically ill; and

        • (b) that ends on the last day of the week in which any of the following occurs:

          • (i) all benefits payable under this section in respect of the child are exhausted,

          • (ii) the child dies, or

          • (iii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).

      • Weeks for which benefits may be paid — children

        (4) Subject to section 152.14, if more than one child of the self-employed person is critically ill as a result of the same event, benefits under this section are payable for each week of unemployment in the period

        • (a) that begins on the first day of the week in which either of the following falls:

          • (i) the day on which the first certificate is issued in respect of any of the children that meets the requirements of subsection (1) and is filed with the Commission, or

          • (ii) in the case of a claim that is made before the day on which the certificate is issued, the first day from which the specialist medical doctor certifies that any of the children is critically ill; and

        • (b) that ends on the last day of the week in which any of the following occurs:

          • (i) all benefits payable under this section in respect of the children are exhausted,

          • (ii) the last of the children dies, or

          • (iii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).

      • Exception

        (5) Subparagraph (3)(a)(ii) or (4)(a)(ii) does not apply to a claim if

        • (a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

        • (b) the beginning of the period referred to in subsection (3) or (4), as the case may be, has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

        • (c) the claim is made in any other circumstances set out in the regulations.

      • Deferral of waiting period — child

        (6) Subject to subsection (7), a self-employed person who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if

        • (a) another claimant has made a claim for benefits under this section or section 23.2 in respect of the same child during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;

        • (b) another claimant is making a claim for benefits under this section or section 23.2 in respect of the same child at the same time as the claimant and that other claimant elects to serve their waiting period; or

        • (c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.2 in respect of the same child, meets the prescribed requirements.

      • Deferral of waiting period — children

        (7) A self-employed person who makes a claim for benefits under this section — and more than one of whose children is critically ill as a result of the same event — may have their waiting period deferred until they make another claim for benefits in the same benefit period if

        • (a) another claimant has made a claim for benefits under this section or section 23.2 in respect of the same children during the period described in subsection (4) and that other claimant has served or is serving their waiting period in respect of that claim;

        • (b) another claimant is making a claim for benefits under this section or section 23.2 in respect of the same children at the same time as the claimant and that other claimant elects to serve their waiting period; or

        • (c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.2 in respect of the same children, meets the prescribed requirements.

      • Division of weeks of benefits

        (8) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.2 in respect of the same child or the same children who are critically ill as a result of the same event, any remaining weeks of benefits payable under this section, under section 23.2 or under both those sections, up to a maximum of 35 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

      • Maximum divisible number of weeks

        (9) For greater certainty, if, in respect of the same child or the same children who are critically ill as a result of the same event, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.2, the total number of weeks of benefits payable under this section and section 23.2 that may be divided between them must not exceed 35 weeks.

      • Limitation — compassionate care benefits

        (10) Benefits under section 23.1 or 152.06 are not payable in respect of a child during the period referred to in subsection (3) or (4) or 23.2(3) or (4) that is established in respect of that child.

      • Limitation

        (11) When benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the person under a provincial law for the same or substantially the same reasons, the benefits payable to the person under this section shall be reduced or eliminated as prescribed.

• — 2012, c. 27, s. 24

  • • 24. (1) Section 152.11 of the Act is amended by adding the following after subsection (6):

      • Exception

        (6.1) A claim for benefits referred to in section 152.061 with respect to a critically ill child or children who are critically ill as a result of the same event must not be regarded as having been made on an earlier day under subsection (4) or (5) if

        • (a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

        • (b) the beginning of the period referred to in subsection 152.061(3) or (4) has already been determined with respect to that child or those children and the claim would have the effect of moving the beginning of that period to an earlier date; or

        • (c) the claim is made in any other circumstances set out in the regulations.

    • 2009, c. 33, s. 16

      (2) Subsections 152.11(14) to (19) of the Act are replaced by the following:

      • Extension of benefit period

        (14) If, during a self-employed person’s benefit period, benefits were paid to the person for more than one of the reasons mentioned in paragraphs 152.14(1)(a) to (e), at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons and the maximum total number of weeks established for those reasons is greater than 50, the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.

      • Maximum extension under subsections (11) to (14)

        (15) Subject to subsection (16), an extension under any of subsections (11) to (14) must not result in a benefit period of more than 104 weeks.

      • Maximum extension under subsection (14)

        (16) Unless the benefit period is also extended under any of subsections (11) to (13), an extension under subsection (14) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 152.14(1) for each of the benefits paid to the self-employed person for one of the reasons mentioned in paragraphs 152.14(1)(a) to (e) during the person’s benefit period before it was extended under subsection (14).

• — 2012, c. 27, s. 25

  • • 25. (1) Subsection 152.14(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

      • (e) because the self-employed person is providing care or support to one or more critically ill children described in subsection 152.061(1), is 35.

    • 2009, c. 33, s. 16

      (2) Subsection 152.14(5) of the Act is replaced by the following:

      • Maximum — compassionate care benefits

        (5) Even if more than one claim is made under this Act, at least one of which is made under section 152.06 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.06 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is six weeks during the period of 26 weeks that begins on the first day of the week referred to in paragraph 152.06(3)(a).

      • Maximum — critically ill child

        (5.1) Even if more than one claim is made under this Act, at least one of which is made under section 152.061 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.061 — for the same reason and in respect of the same critically ill child, the maximum number of weeks of benefits payable under this Act in respect of that child is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.061(3)(a).

      • Maximum — critically ill children

        (5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.061 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.061 — for the same reason and in respect of the same children who are critically ill as a result of the same event, the maximum number of weeks of benefits payable under this Act in respect of those children is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.061(4)(a).

    • 2009, c. 33, s. 16

      (3) Subsection 152.14(8) of the Act is replaced by the following:

      • Combined weeks of benefits

        (8) In a self-employed person’s benefit period, the self-employed person may, subject to the applicable maximums, combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (1), but the maximum number of combined weeks is 50. However, if the benefit period is extended under subsection 152.11(14), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 152.11(16) less two weeks.

• — 2012, c. 31, s. 433(2)

  • • 433. (2) Paragraphs 4(2)(a) and (b) of the Act are replaced by the following:

      • (a) the average for the 12-month period ending on April 30 in the preceding year of the Average Weekly Earnings for each month in that period

      by

      • (b) the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.

• — 2012, c. 31, s. 433(4)

  • • 433. (4) Subsection 4(3) of the Act is replaced by the following:

      • Subsequent years

        (3) For years subsequent to the year in which the maximum yearly insurable earnings exceeds $39,000, before rounding down under subsection (4), the maximum yearly insurable earnings is the maximum yearly insurable earnings for the preceding year, before rounding down under that subsection, multiplied by the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.

• — 2012, c. 31, s. 434(2)

  • • 434. (2) Section 65.21 of the Act is replaced by the following:

      • Definition of “Board”

        65.21 In this Part, “Board” means the Canada Employment Insurance Financing Board established by subsection 3(1) of the Canada Employment Insurance Financing Board Act.

• — 2012, c. 31, s. 435(3)

  • • 435. (3) The portion of subsection 66(2) of the Act before paragraph (a) is replaced by the following:

      • Factors

        (2) Subject to any regulations made under subsections 66.1(2) and 66.2(2), the Board shall set the premium rate based on

• — 2012, c. 31, s. 435(5)

  • • 435. (5) Subsection 66(2) of the Act is amended by adding the following after paragraph (a):

      • (b) the amount by which the Board’s financial assets exceed its financial liabilities;

• — 2012, c. 31, s. 435(7)

  • • 435. (7) Paragraph 66(2)(f) of the English version of the Act is replaced by the following:

      • (f) any other information that the Board considers relevant.

• — 2012, c. 31, s. 435(9)

  • • 435. (9) Subsection 66(9) of the Act is replaced by the following:

      • Time limit

        (9) On or before September 14 in a year, the Board shall set the premium rate for the following year.

• — 2012, c. 31, s. 436(2)

  • • 436. (2) The portion of subsection 66.1(1) of the Act before paragraph (a) is replaced by the following:

      • Information provided

        • 66.1 (1) The Minister shall, on or before July 31 in a year, provide the Board with the following information:

• — 2012, c. 31, s. 436(6)

  • • 436. (6) Subsection 66.1(1) of the Act is amended by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

      • (d) any prescribed information.

• — 2012, c. 31, s. 436(8)

  • • 436. (8) Subsection 66.1(2) of the Act is replaced by the following:

      • Regulations

        (2) On the recommendation of the Minister, the Governor in Council may make regulations

        • (a) prescribing information referred to in paragraph (1)(d); and

        • (b) specifying which of the information referred to in subsection (1) is binding on the Board.

• — 2012, c. 31, s. 437(2)

  • • 437. (2) The portion of subsection 66.2(1) of the Act before paragraph (a) is replaced by the following:

      • Information provided

        • 66.2 (1) The Minister of Finance shall, on or before July 31 in a year, provide the Board with the following information:

• — 2012, c. 31, s. 437(4)

  • • 437. (4) Paragraph 66.2(1)(b) of the Act is replaced by the following:

      • (b) the amounts forecast under subparagraphs 77.1(1)(a)(i) and (ii) and the total estimated under subparagraph 77.1(1)(a)(iii);

      • (c) the amount of any payment to be made under subsection 77.1(2) or (4) during the year; and

      • (d) any prescribed information.

• — 2012, c. 31, s. 437(6)

  • • 437. (6) Subsections 66.2(2) and (3) of the Act are replaced by the following:

      • Regulations

        (2) On the recommendation of the Minister of Finance, the Governor in Council may make regulations

        • (a) prescribing information referred to in paragraph (1)(d); and

        • (b) specifying which of the information referred to in subsection (1) is binding on the Board.

• — 2012, c. 31, s. 438(2)

  • • 438. (2) Sections 66.3 to 66.6 of the Act are replaced by the following:

      • Governor in Council

        • 66.3 (1) On the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may, on or before September 30 in a year,

          • (a) if the Governor in Council considers it to be in the public interest, substitute a premium rate for the following year that is different from the one set by the Board under section 66; or

          • (b) if the Board has not set a premium rate under that section by September 14 in the year, set one for the following year.

        • Non-application of subsection 66(7)

          (2) Subsection 66(7) does not apply to the setting of the premium rate under subsection (1).

      • Rounding percentage rates

        66.4 If the calculation of a premium rate under section 66 or 66.3 results in a rate that includes a fraction of one per cent, the resulting percentage is to be rounded to the nearest one hundredth of one per cent or, if the resulting percentage is equidistant from two one-hundredths of one percent, to the higher of them.

      • Statutory Instruments Act

        66.5 The Statutory Instruments Act does not apply in respect of a premium rate set under section 66 or 66.3 or the premiums determined under sections 67 and 68. However, the premium rates must, as soon as possible, be published by the Board in Part I of the Canada Gazette.

      • User Fees Act

        66.6 For greater certainty, the User Fees Act does not apply in respect of the premium rate set under section 66 or 66.3 or the premiums determined under sections 67 and 68.

• — 2012, c. 31, ss. 439(2), (3)

  • • 439. (2) Subsection 77(1) of the Act is amended by adding the following after paragraph (d.1):

      • (e) the costs to the Board of administering the Canada Employment Insurance Financing Board Act;

    • (3) Subsection 77(1) of the Act is amended by striking out “and” at the end of paragraph (d.1) and by adding the following in alphabetical order:

      • (f) the costs to Her Majesty in right of Canada of administering the Canada Employment Insurance Financing Board Act; and

• — 2012, c. 31, s. 440(2)

  • • 440. (2) The portion of section 77.1 of the Act before paragraph (a) is replaced by the following:

      • Forecasts and estimates

        • 77.1 (1) On or before July 31 in a year,

• — 2012, c. 31, s. 440(4)

  • • 440. (4) Section 77.1 of the Act is amended by adding the following after subsection (1):

      • Payment to Board

        (2) A payment in the amount determined under subsection (3) is to be made on or before August 31 in a year to the Board out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, and charged to the Employment Insurance Operating Account if

        (A + C) > (B + D)

        where

        A 

        is the amount forecast under subparagraph (1)(a)(i);

        B 

        is the amount forecast under subparagraph (1)(a)(ii);

        C 

        is the total estimated under subparagraph (1)(a)(iii); and

        D 

        is the total estimated under paragraph (1)(b).

      • Amount of payment to Board

        (3) For the purpose of subsection (2), the amount of the payment is an amount equal to the amount calculated in accordance with the following formula:

        (A + C) – (B + D)

        where

        A 

        is the amount forecast under subparagraph (1)(a)(i);

        B 

        is the amount forecast under subparagraph (1)(a)(ii);

        C 

        is the total estimated under subparagraph (1)(a)(iii); and

        D 

        is the total estimated under paragraph (1)(b).

      • Payment by Board

        (4) A payment in the amount determined under subsection (5) is to be made on or before August 31 in a year, or at any later date that the Minister of Finance may specify, by the Board to the Consolidated Revenue Fund and credited to the Employment Insurance Operating Account if

        (A + C) < (B + D)

        where

        A 

        is the amount forecast under subparagraph (1)(a)(i);

        B 

        is the amount forecast under subparagraph (1)(a)(ii);

        C 

        is the total estimated under subparagraph (1)(a)(iii); and

        D 

        is the total estimated under paragraph (1)(b).

      • Amount of payment by Board

        (5) For the purpose of subsection (4), the amount of the payment is an amount equal to the lesser of the amount of the Board’s financial assets less its financial liabilities and the amount calculated in accordance with the following formula:

        (B + D) – (A + C)

        where

        A 

        is the amount forecast under subparagraph (1)(a)(i);

        B 

        is the amount forecast under subparagraph (1)(a)(ii);

        C 

        is the total estimated under subparagraph (1)(a)(iii); and

        D 

        is the total estimated under paragraph (1)(b).

      • Terms and conditions

        (6) Payments under this section must be made in the manner and on the terms and conditions that the Minister of Finance may establish after consulting with the Minister and the Board.