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Budget Implementation Act, 2003 (S.C. 2003, c. 15)

Assented to 2003-06-19

  •  (1) Subsection 12(3) of the Act is amended by striking out the word “and” at the end of paragraph (b), by adding the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):

    • (d) because the claimant is providing care or support to one or more family members described in subsection 23.1(2), is six.

  • (2) Section 12 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Maximum — compassionate care benefits

      (4.1) Even if more than one claim is made, or certificate is issued, in respect of the same family member, the maximum number of weeks of benefits payable under section 23.1 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:Shorter period

      (4.2) If a shorter period is prescribed for the purposes of subsection 23.1(5), then that shorter period applies for the purposes of subsection (4.1).

    • Marginal note:Expiration of shorter period

      (4.3) When a shorter period referred to in subsection (4.2) has expired in respect of a family member, no further benefits are payable under section 23.1 in respect of that family member until the minimum prescribed number of weeks has elapsed.

  • Marginal note:2000, c. 14, s. 3(3); 2002, c. 9, s. 13

    (3) Subsection 12(5) of the Act is replaced by the following:

    • Marginal note:Combined weeks of benefits

      (5) In a claimant’s benefit period, the claimant may combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50. If the benefit period

      • (a) is extended under subsection 10(13), the maximum number of combined weeks is 65;

      • (b) is extended under subsection 10(13.1) or (13.2), the maximum number of combined weeks is 56; and

      • (c) is extended under subsection 10(13.3), the maximum number of combined weeks is 71.

Marginal note:2002, c. 9, s. 14

 Subsections 23(3.2) and (3.3) of the Act are replaced by the following:

  • Marginal note:Extension of period — special benefits

    (3.2) If, during a claimant’s benefit period,

    • (a) regular benefits were not paid to the claimant,

    • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and

    • (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),

    the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

  • Marginal note:Extension of period — special benefits

    (3.21) If, during a claimant’s benefit period,

    • (a) regular benefits were not paid to the claimant,

    • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and

    • (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),

    the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

  • Marginal note:Extension of period — special benefits

    (3.22) If, during a claimant’s benefit period,

    • (a) regular benefits were not paid to the claimant,

    • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and

    • (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraph 12(3)(b),

    the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

  • Marginal note:Extension of period — special benefits

    (3.23) If, during a claimant’s benefit period,

    • (a) regular benefits were not paid to the claimant,

    • (b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and

    • (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),

    the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

  • Marginal note:Limitation

    (3.3) No extension under any of the following provisions may result in the period referred to in subsection (2) being longer than the specified number of weeks:

    • (a) for an extension under subsection (3.2), 67 weeks;

    • (b) for an extension under subsection (3.21) or (3.22), 58 weeks; and

    • (c) for an extension under subsection (3.23), 73 weeks.

  • Marginal note:Limitation

    (3.4) No extension under any of subsections 10(10) to (13.3) may result in the period referred to in subsection (2) being longer than 104 weeks.

 The Act is amended by adding the following after section 23:

Marginal note:Definition
  • 23.1 (1) In this section, “family member”, in relation to an individual, means

    • (a) a spouse or common-law partner of the individual;

    • (b) a child of the individual or a child of the individual’s spouse or common-law partner;

    • (c) a parent of the individual or a spouse or common-law partner of the parent; and

    • (d) any other person who is a member of a class of persons prescribed for the purposes of this definition.

  • Marginal note:Compassionate care benefits

    (2) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor 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 the certificate is issued, from the day from which the medical doctor 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 the certificate is issued, the day from which the medical doctor 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 expiration of 26 weeks following the first day of the week referred to in paragraph (a).

  • 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 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 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 meets the prescribed requirements.

  • Marginal note:Division of weeks of benefits

    (8) If more than one claimant makes a claim for benefits under this section in respect of the same family member, any remaining weeks of benefits payable under this section may be divided in the manner agreed to by those claimants.

  • 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.

 
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