Budget Implementation Act, 2003 (S.C. 2003, c. 15)
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Assented to 2003-06-19
PART 4EMPLOYMENT INSURANCE
1996, c. 23Employment Insurance Act
20. (1) Section 54 of the Act is amended by adding the following after paragraph (c.1):
(c.2) setting out circumstances for the purposes of paragraphs 10(5.1)(c) and 23.1(6)(c);
(2) Section 54 of the Act is amended by adding the following before paragraph (g):
(f.2) prescribing classes of persons for the purposes of paragraph 23.1(1)(d);
(f.3) defining and determining what is care or support for the purposes of paragraph 23.1(2)(b);
(f.4) prescribing classes of medical practitioners for the purposes of subsection 23.1(3) and setting out the circumstances in which a certificate may be issued by them under subsection 23.1(2);
(f.5) prescribing a shorter period for the purposes of subsection 23.1(5) and prescribing a minimum number of weeks in relation to that shorter period for the purposes of subsection 12(4.3);
(f.6) prescribing requirements for the purposes of paragraph 23.1(7)(c);
(f.7) prescribing rules for the purposes of subsection 23.1(9);
Marginal note:2001, c. 5, s. 10
21. Section 67 of the Act is replaced by the following:
Marginal note:Premium rate for 2004
66.2 Notwithstanding section 66, the premium rate for the year 2004 is 1.98%.
Marginal note:Employee’s premium
67. Subject to section 70, a person employed in insurable employment shall pay, by deduction as provided in subsection 82(1), a premium equal to their insurable earnings multiplied by the premium rate set under section 66, 66.1 or 66.2, as the case may be.
22. (1) Paragraph 69(1)(a) of the Act is replaced by the following:
(a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a plan that covers insured persons employed by the employer, other than one established under provincial law, would have the effect of reducing the special benefits payable to the insured persons; and
(2) Subsection 69(2) of the Act is replaced by the following:
Marginal note:Provincial plans
(2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s and employee’s premiums when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a provincial law to insured persons would have the effect of reducing or eliminating the special benefits payable to those insured persons.
(3) Section 69 of the Act is amended by adding the following after subsection (5):
Marginal note:Definition
(6) The reference to the payment of allowances, money or other benefits because of compassionate care in subsections (1) and (2) means the payment of allowances, money or other benefits for the same or substantially the same reasons for which benefits are payable under section 23.1.
SOR/96-445Employment Insurance (Fishing) Regulations
Marginal note:SOR/2001-74
23. (1) Subsection 8(11.1) of the Employment Insurance (Fishing) Regulations is replaced by the following:
(11.1) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), the benefit period of a fisher shall be extended by one week for each week in respect of which the fisher is entitled to special benefits under section 21, 22, 23 or 23.1 of the Act, but shall not exceed a maximum of 52 weeks.
Marginal note:2002, c. 9, s. 16(1)
(2) Subsections 8(11.3) to (11.5) of the Regulations are replaced by the following:
(11.3) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c) of the Act.
(11.31) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for those reasons,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d) of the Act.
(11.32) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d) of the Act.
(11.33) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of all of the reasons mentioned in subsection 12(3) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d) of the Act,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each those paragraphs.
(11.4) Subject to subsection (11.5), no extension under any of subsections (11.1) to (11.33) may result in a benefit period of more than 104 weeks.
(11.5) Unless a benefit period is also extended under subsection (11.1) or (11.2), no extension under subsections (11.3) to (11.33) may result in a benefit period of more than
(a) in the case of an extension under subsection (11.3), 67 weeks;
(b) in the case of an extension under subsection (11.31) or (11.32), 58 weeks; and
(c) in the case of an extension under subsection (11.33), 73 weeks.
Marginal note:2002, c. 9, s. 16(2)
(3) Subsection 8(14) of the Regulations is replaced by the following:
(14) No benefit period established under subsection (1) or (6) shall be extended beyond the date determined in accordance with any of subsections (11) to (11.33).
Marginal note:2002, c. 9, s. 16(3)
(4) Subsection 8(17.1) of the Regulations is replaced by the following:
(17.1) For the purpose of subsection (17), the reference in subsection 12(5) of the Act to
(a) subsection 10(13) of the Act is to be read as a reference to subsection (11.3) of this section;
(b) subsection 10(13.1) of the Act is to be read as a reference to subsection (11.31) of this section;
(c) subsection 10(13.2) of the Act is to be read as a reference to subsection (11.32) of this section; and
(d) subsection 10(13.3) of the Act is to be read as a reference to subsection (11.33) of this section.
24. (1) Subsection 12(3) of the Regulations is replaced by the following:
(3) Subject to subsection (4), sections 22 to 23.1 of the Act apply to the payment of special benefits under this section.
(2) Paragraph 12(4)(b) of the Regulations is replaced by the following:
(b) entitled to benefits under section 22, 23 or 23.1 of the Act.
Transitional Provisions
25. (1) Sections 15 to 20 and 22 apply to a claimant for any benefit period
(a) that begins on or after January 4, 2004; or
(b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date.
(2) Sections 23 and 24 apply to a fisher for any benefit period
(a) that begins on or after January 4, 2004; or
(b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date.
Related Amendments
R.S., c. L-2Canada Labour Code
Marginal note:1993, c. 42, s. 26
26. The heading “Reassignment, Maternity Leave and Parental Leave” immediately after the heading “Division VII” in Part III of the Canada Labour Code is replaced by the following:
Reassignment, Maternity Leave, Parental Leave and Compassionate Care Leave
27. The Act is amended by adding the following after section 206.2:
Compassionate Care Leave
Marginal note:Definitions
206.3 (1) The following definitions apply in this section.
“common-law partner”
« conjoint de fait »
“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.
“family member”
« membre de la famille »
“family member”, in relation to an employee, means
(a) a spouse or common-law partner of the employee;
(b) a child of the employee or a child of the employee’s spouse or common-law partner;
(c) a parent of the employee 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 or the definition “family member” in subsection 23.1(1) of the Employment Insurance Act.
“qualified medical practitioner”
« médecin qualifié »
“qualified medical practitioner” means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of the family member is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3) of the Employment Insurance Act.
“week”
« semaine »
“week”means the period between midnight on Saturday and midnight on the immediately following Saturday.
Marginal note:Entitlement to leave
(2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to eight weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from
(a) the day the certificate is issued; or
(b) if the leave was commenced before the certificate was issued, the day the leave was commenced.
Marginal note:Period when leave may be taken
(3) The leave of absence may only be taken during the period
(a) that starts with
(i) the first day of the week in which the certificate is issued, or
(ii) if the leave was commenced before the certificate was issued, the first day of the week in which the leave was commenced if the certificate is valid from any day in that week; and
(b) that ends with the last day of the week in which either of the following occurs, namely,
(i) the family member dies, or
(ii) the expiration of 26 weeks following the first day of the week referred to in paragraph (a).
Marginal note:Shorter period
(4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) of the Employment Insurance Act,
(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 shorter period applies for the purposes of subparagraph (3)(b)(ii).
Marginal note:Expiration of shorter period
(5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) of the Employment Insurance Act has elapsed.
Marginal note:Minimum period of leave
(6) A leave of absence under this section may only be taken in periods of not less than one week’s duration.
Marginal note:Aggregate leave — more than one employee
(7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed eight weeks in the period referred to in subsection (3).
Marginal note:Copy of certificate
(8) If requested in writing by the employer within 15 days after an employee’s return to work, the employee must provide the employer with a copy of the certificate referred to in subsection (2).
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