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

• 23.1 (1) [Repealed, 2017, c. 20, s. 236]

• Marginal note:Compassionate care benefits

  (2) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor or nurse practitioner has issued a certificate stating that

  • (a) a family member of the claimant has a serious medical condition with a significant risk of death within 26 weeks

    • (i) from the day the certificate is issued,

    • (ii) in the case of a claim that is made before the day on which the certificate is issued, from the day from which the medical doctor or nurse practitioner certifies the family member’s medical condition, or

    • (iii) in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), from that earlier day; and

  • (b) the family member requires the care or support of one or more other family members.

• Marginal note:Medical practitioner

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

• Marginal note:Weeks for which benefits may be paid

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

  • (a) that begins with the first day of the week in which the following falls, namely,

    • (i) the day of issuance of the first certificate in respect of the family member that meets the requirements of subsection (2) and is filed with the Commission,

    • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies the family member’s medical condition, or

    • (iii) in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), that earlier day; and

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

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

    • (ii) the family member dies, or

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

• Marginal note:Certificate not necessary

  (4.1) For greater certainty, but subject to subsections (4) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (2)(a), it is not necessary for a medical doctor or nurse practitioner to issue an additional certificate under subsection (2).

• Marginal note:Shorter period

  (5) If a shorter period is prescribed for the purposes of this section,

  • (a) the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and

  • (b) that period applies for the purposes of subparagraph (4)(b)(iii).

• Marginal note:Exception

  (6) Subparagraph (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 (4) has already been determined with respect to the family member, 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.

• Marginal note:Deferral of waiting period

  (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 152.06 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: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 26 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 26 weeks.

• Marginal note:Failure to agree

  (9) If the claimants referred to in subsection (8) cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

• Marginal note:Limitation

  (10) 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.

Marginal note: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 a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner 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 family members; and

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

• Marginal note: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.

• Marginal note:Weeks for which benefits may be paid

  (3) Subject to 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 medical doctor or nurse practitioner 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).

• (4) [Repealed, 2017, c. 20, s. 237]

• Marginal note:Exception

  (5) Subparagraph (3)(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) 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.

• Marginal note:Deferral of waiting period

  (6) 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.

• (7) [Repealed, 2017, c. 20, s. 237]

• 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 152.061 in respect of the same child, 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.

• Marginal note:Maximum divisible number of weeks

  (9) For greater certainty, if, in respect of the same child, 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.

• Marginal note: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 152.061(3) that is established in respect of that child.

• Marginal note:Limitation — benefits for critically ill adult

  (10.1) Benefits under section 23.3 or 152.062 are not payable during the period of 52 weeks that begins on the first day of the week referred to in paragraph (3)(a) in respect of a person who was a critically ill child if benefits were paid in respect of that person under this section.

• Marginal note: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.

Marginal note:Benefits — critically ill adult

• 23.3 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that

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

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

• Marginal note: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.

• Marginal note:Weeks for which benefits may be paid

  (3) Subject to 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 adult 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 medical doctor or nurse practitioner certifies that the adult 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 adult are exhausted,

    • (ii) the adult dies, or

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

• Marginal note:Exception

  (4) Subparagraph (3)(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) 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.

• Marginal note:Deferral of waiting period

  (5) 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 152.062 in respect of the same adult 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 152.062 in respect of the same adult 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 152.062 in respect of the same adult, meets the prescribed requirements.

• Marginal note:Division of weeks of benefits

  (6) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.062 in respect of the same adult, any remaining weeks of benefits payable under this section, under section 152.062 or under both those sections, up to a maximum of 15 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.

• Marginal note:Maximum divisible number of weeks

  (7) For greater certainty, if, in respect of the same adult, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.062, the total number of weeks of benefits payable under this section and section 152.062 that may be divided between them must not exceed 15 weeks.

• Marginal note:Limitation — compassionate care benefits

  (8) Benefits under section 23.1 or 152.06 are not payable in respect of an adult during the period referred to in subsection (3) or 152.062(3) that is established in respect of that adult.

• Marginal note:Limitation

  (9) 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.