Employment Insurance Act

Marginal note:Compassionate care benefits

• 152.06 (1) Subject to this Part, benefits are payable to a self-employed person if a medical doctor or nurse practitioner has issued a certificate stating that

  • (a) a family member of the self-employed person has a serious medical condition with a significant risk of death within 26 weeks

    • (i) from the day on which the certificate is issued, or

    • (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; and

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

• Marginal note:Medical practitioner

  (2) In the circumstances set out in the regulations, the certificate required under 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 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 one of 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 (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 the family member’s medical condition; 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

  (3.1) For greater certainty, but subject to subsections (3) 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 (1)(a), it is not necessary for a medical doctor or nurse practitioner to issue an additional certificate under subsection (1).

• Marginal note:Shorter period

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

  • (a) the certificate referred to in subsection (1) 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 (3)(b)(iii).

• 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 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

  (6) 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 23.1 in respect of the same family member 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 23.1 in respect of the same family member at the same time as the self-employed person and that other claimant elects to serve the waiting period; or

  • (c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.1 in respect of the same family member, meets the prescribed requirements.

• Marginal note:Division of weeks of benefits

  (7) 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 23.1 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 23.1 or under both those sections, up to a maximum of 26 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.

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

  (8) For greater certainty, if, in respect of the same family member, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.1, the total number of weeks of benefits payable under this section and section 23.1 that may be divided between them may not exceed 26 weeks.

• Marginal note:Limitation

  (9) If 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.