SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Fairness for the Self-Employed Act.

1996, c. 23EMPLOYMENT INSURANCE ACT

2. The definitions “benefit period”, “benefits” and “interruption of earnings” in subsection 2(1) of the Employment Insurance Act are replaced by the following:

Marginal note:2001, c. 5, s. 4(1)

3. Subsection 7(4.1) of the Act is replaced by the following:

4. Subsection 7.1(3) of the Act is replaced by the following:

• 5. (1) Subparagraph 10(6)(b)(i) of the Act is replaced by the following:

  • (i) establishes under this Part, as an insured person, a new benefit period beginning the first week for which benefits were paid or payable or establishes, under Part VII.1, as a self-employed person within the meaning of subsection 152.01(1), a new benefit period beginning the first week for which benefits were paid or payable, and

• (2) Subparagraphs 10(8)(d)(ii) and (iii) of the Act are replaced by the following:

  • (ii) makes a new initial claim for benefits under this Part or Part VII.1, and

  • (iii) qualifies, as an insured person, to receive benefits under this Part or qualifies, as a self-employed person within the meaning of subsection 152.01(1), to receive benefits under Part VII.1.

Marginal note:2003, c. 15, s. 17(2)

6. Subsection 12(4.1) of the Act is replaced by the following:

Marginal note:2000, c. 12, s. 107(2)

• 7. (1) Subsection 23(4) of the Act is replaced by the following:

  • Marginal note:Division of weeks of benefits

    (4) If two major attachment claimants are caring for a child referred to in subsection (1), or one major attachment claimant and an individual who claims benefits under section 152.05 are both caring for a child referred to in that subsection, weeks of benefits payable under this section, under section 152.05 or under both those sections, up to a maximum of 35 weeks, may be divided between them.

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

    (4.1) For greater certainty, if, in respect of the same child, a major attachment claimant makes a claim for benefits under this section and another person makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed 35 weeks.

• (2) Section 23 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Exception

    (6) If a major attachment claimant makes a claim under section 22 or this section and an individual makes a claim under section 152.04 or 152.05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then

    • (a) if the major attachment claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or

    • (b) if the individual is not the one who served or elected to serve the waiting period, that claimant may have his or her waiting period deferred in accordance with section 152.05.

Marginal note:2003, c. 15, s. 19

• 8. (1) Paragraphs 23.1(7)(a) to (c) of the Act are replaced by the following:

  • (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:2003, c. 15, s. 19

  (2) Subsection 23.1(8) of the Act is replaced by the following:

  • 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 six 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 six weeks.

• 9. (1) Paragraphs 54(a) and (b) of the Act are replaced by the following:

  • (a) prescribing the conditions on which the requirement under this Part or Part VII.1 of serving a waiting period may be waived;

  • (b) defining or determining what is a working day or working week in any employment or for the purposes of Part VII.1;

• Marginal note:2003, c. 15, s. 20(1)

  (2) Paragraphs 54(c.2) to (d.1) of the Act are replaced by the following:

  • (c.2) setting out circumstances for the purposes of paragraphs 10(5.1)(c), 23.1(6)(c), 152.06(5)(c) and 152.11(6)(c);

  • (d) defining or determining who are dependent children, prescribing low-income family eligibility criteria and determining the amount of family supplements for the purposes of section 16 or 152.17;

  • (d.1) determining, for the purposes of subsection 19(3) or 152.18(3), the period for which benefits were claimed;

• Marginal note:2003, c. 15, s. 20(2)

  (3) Paragraphs 54(f.2) to (f.6) of the Act are replaced by the following:

  • (f.2) prescribing classes of persons for the purposes of paragraph 23.1(1)(d) and paragraph (d) of the definition “family member” in subsection 152.01(1);

  • (f.3) defining or determining what is care or support for the purposes of paragraphs 23.1(2)(b) and 152.06(1)(b);

  • (f.4) prescribing classes of medical practitioners for the purposes of subsections 23.1(3) and 152.06(2) and setting out the circumstances in which a certificate may be issued by them under subsection 23.1(2) or 152.06(1);

  • (f.5) prescribing a shorter period for the purposes of subsections 23.1(5) and 152.06(4) and prescribing a minimum number of weeks in relation to that shorter period for the purposes of subsections 12(4.3) and 152.14(7);

  • (f.6) prescribing requirements for the purposes of paragraphs 23.1(7)(c) and 152.06(6)(c);