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

Assented to 2009-12-15

Fairness for the Self-Employed Act

S.C. 2009, c. 33

Assented to 2009-12-15

An Act to amend the Employment Insurance Act and to make consequential amendments to other Acts

SUMMARY

This enactment amends the Employment Insurance Act and other Acts by establishing a scheme to provide for the payment of special benefits to self-employed persons who are not currently entitled to receive them.

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

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Fairness for the Self-Employed Act.

1996, c. 23EMPLOYMENT INSURANCE ACT

 The definitions “benefit period”, “benefits” and “interruption of earnings” in subsection 2(1) of the Employment Insurance Act are replaced by the following:

“benefit period”

« période de prestations »

“benefit period” means the period described in sections 9, 10, 152.1 and 152.11;

“benefits”

« prestation »

“benefits” means unemployment benefits payable under Part I, VII.1 or VIII, but does not include employment benefits;

“interruption of earnings”

« arrêt de rémunération »

“interruption of earnings” means an interruption that occurs in the earnings of an insured person or a person to whom Part VII.1 applies at any time and in any circumstances determined by the regulations;

Marginal note:2001, c. 5, s. 4(1)

 Subsection 7(4.1) of the Act is replaced by the following:

  • Marginal note:Exception

    (4.1) An insured person is not a new entrant or a re-entrant if the person has been paid one or more weeks of special benefits referred to in paragraph 12(3)(a) or (b) — or, as a self-employed person under Part VII.1, one or more weeks of benefits referred to in paragraph 152.14(1)(a) or (b) — in the period of 208 weeks preceding the period of 52 weeks before their qualifying period or in other circumstances, as prescribed by regulation, arising in that period of 208 weeks.

 Subsection 7.1(3) of the Act is replaced by the following:

  • Marginal note:Deemed violation

    (2.1) A violation accumulated by an individual under section 152.07 is deemed to be a violation accumulated by the individual under this section on the day on which the notice of violation was given to the individual.

  • Marginal note:Limitation

    (3) A violation may not be taken into account under subsection (1) or (2) in more than two initial claims for benefits under this Act by an individual if the individual who accumulated the violation qualified for benefits in each of those two initial claims, taking into account subsection (1) or (2), subparagraph 152.07(1)(d)(ii) or regulations made under Part VIII, as the case may be.

  •  (1) Subparagraph 10(6)(b)(i) of the Act is replaced by the following:

    • (i) establishes under this Part, as an insured person, a new benefit period beginning the first week for which benefits were paid or payable or establishes, under Part VII.1, as a self-employed person within the meaning of subsection 152.01(1), a new benefit period beginning the first week for which benefits were paid or payable, and

  • (2) Subparagraphs 10(8)(d)(ii) and (iii) of the Act are replaced by the following:

    • (ii) makes a new initial claim for benefits under this Part or Part VII.1, and

    • (iii) qualifies, as an insured person, to receive benefits under this Part or qualifies, as a self-employed person within the meaning of subsection 152.01(1), to receive benefits under Part VII.1.

Marginal note:2003, c. 15, s. 17(2)

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

  • Marginal note:Maximum — parental benefits

    (4.01) If a claim is made under this Part in respect of a child or children referred to in paragraph (4)(b) and a claim is made under section 152.05 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 35.

  • Marginal note: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 this Part — 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 this Part — 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 beginning with the first day of the week referred to in paragraph 23.1(4)(a).

Marginal note:2000, c. 12, s. 107(2)
  •  (1) Subsection 23(4) of the Act is replaced by the following:

    • Marginal note:Division of weeks of benefits

      (4) If two major attachment claimants are caring for a child referred to in subsection (1), or one major attachment claimant and an individual who claims benefits under section 152.05 are both caring for a child referred to in that subsection, weeks of benefits payable under this section, under section 152.05 or under both those sections, up to a maximum of 35 weeks, may be divided between them.

    • Marginal note:Maximum number of weeks that can be divided

      (4.1) For greater certainty, if, in respect of the same child, a major attachment claimant makes a claim for benefits under this section and another person makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed 35 weeks.

  • (2) Section 23 of the Act is amended by adding the following after subsection (5):

    • Marginal note:Exception

      (6) If a major attachment claimant makes a claim under section 22 or this section and an individual makes a claim under section 152.04 or 152.05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then

      • (a) if the major attachment claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or

      • (b) if the individual is not the one who served or elected to serve the waiting period, that claimant may have his or her waiting period deferred in accordance with section 152.05.

Marginal note:2003, c. 15, s. 19
  •  (1) Paragraphs 23.1(7)(a) to (c) of the Act are replaced by the following:

    • (a) another claimant has made a claim for benefits under this section or section 152.06 in respect of the same family member 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 152.06 in respect of the same family member at the same time as the claimant and that other claimant elects to serve the waiting period; or

    • (c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.06 in respect of the same family member, meets the prescribed requirements.

  • Marginal note:2003, c. 15, s. 19

    (2) Subsection 23.1(8) of the Act is replaced by the following:

    • Marginal note: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 152.06 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 152.06 or under both those sections, up to a maximum of six weeks, may be divided in the manner agreed to by those claimants.

    • Marginal note:Maximum number of weeks that can be divided

      (8.1) For greater certainty, if, in respect of the same family member, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.06, the total number of weeks of benefits payable under this section and section 152.06 that may be divided between them may not exceed six weeks.

  •  (1) Paragraphs 54(a) and (b) of the Act are replaced by the following:

    • (a) prescribing the conditions on which the requirement under this Part or Part VII.1 of serving a waiting period may be waived;

    • (b) defining or determining what is a working day or working week in any employment or for the purposes of Part VII.1;

  • Marginal note:2003, c. 15, s. 20(1)

    (2) Paragraphs 54(c.2) to (d.1) of the Act are replaced by the following:

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

    • (d) defining or determining who are dependent children, prescribing low-income family eligibility criteria and determining the amount of family supplements for the purposes of section 16 or 152.17;

    • (d.1) determining, for the purposes of subsection 19(3) or 152.18(3), the period for which benefits were claimed;

  • Marginal note:2003, c. 15, s. 20(2)

    (3) Paragraphs 54(f.2) to (f.6) of the Act are replaced by the following:

    • (f.2) prescribing classes of persons for the purposes of paragraph 23.1(1)(d) and paragraph (d) of the definition “family member” in subsection 152.01(1);

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

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

    • (f.5) prescribing a shorter period for the purposes of subsections 23.1(5) and 152.06(4) and prescribing a minimum number of weeks in relation to that shorter period for the purposes of subsections 12(4.3) and 152.14(7);

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

 
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