Employment Insurance Act (S.C. 1996, c. 23)

Marginal note:Maximum number of weeks

• 152.14 (1) The maximum number of weeks for which benefits under this Part may be paid in a benefit period to a self-employed person

  • (a) because of pregnancy is 15;

  • (b) because the self-employed person is caring for one or more new-born children of the self-employed person, or one or more children placed with the self-employed person for the purpose of adoption is, in accordance with the election under section 152.05,

    • (i) 35, or

    • (ii) 61;

  • (c) because of a prescribed illness, injury or quarantine is 26;

  • (d) because the person is providing care or support to one or more family members described in subsection 152.06(1) is 26;

  • (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; and

  • (f) because the self-employed person is providing care or support to one or more critically ill adults described in subsection 152.062(1) is 15.

• Marginal note:Maximum — single pregnancy or placement

  (2) The maximum number of weeks for which benefits under this Part may be paid

  • (a) for a single pregnancy is 15; and

  • (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is,

    • (i) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(i), 35 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 40, or

    • (ii) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(ii), 61 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 69.

• Marginal note:Adoption

  (3) For the purposes of this Part, the placement with a self-employed person, at the same or substantially the same time, of two or more children for the purpose of adoption is to be regarded as a single placement of a child or children for the purpose of adoption.

• Marginal note:Maximum — parental benefits

  (4) If a claim is made under this Part in respect of a child or children referred to in paragraph (2)(b) and a claim is made under section 23 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is,

  • (a) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(i), 35 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 40; or

  • (b) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(ii), 61 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 69.

• Marginal note: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 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.06(3)(a).

• Marginal note: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).

• Marginal note:Maximum — critically ill adult

  (5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.062 — 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 152.062 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 15 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.062(3)(a).

• Marginal note:Shorter period

  (6) If a shorter period is prescribed for the purposes of subsection 152.06(4), then that shorter period applies for the purposes of subsection (5).

• Marginal note:Expiry of shorter period

  (7) When a shorter period referred to in subsection (6) has expired in respect of a family member, no further benefits are payable under section 152.06 in respect of that family member until the minimum prescribed number of weeks has elapsed.

• Marginal note: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.