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

Assented to 2009-12-15

Marginal note:2000, c. 12

 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):

  • Marginal note: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).

Marginal note:2000, c. 12

 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:

    Marginal note: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).

    • Marginal note: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.

COMING INTO FORCE

Marginal note:Sections 2 to 33
  •  (1) Subject to subsection (2), sections 2 to 33 come into force on the later of the day on which this Act receives royal assent and January 1, 2010.

  • Marginal note:Exception

    (2) Subsections 152.25(2) and (3) of the Employment Insurance Act, as enacted by section 16, come into force on January 1, 2011.

 

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