Helping Families in Need Act (S.C. 2012, c. 27)
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Assented to 2012-12-14
1996, c. 23EMPLOYMENT INSURANCE ACT
21. (1) Section 152.03 of the Act is amended by adding the following after subsection (1):
Marginal note:Exception
(1.1) A self-employed person to whom benefits are payable under section 152.05 is entitled to benefits under subsection (1) even though the person did not cease to work as a self-employed person because of a prescribed illness, injury or quarantine and would not be working even without the illness, injury or quarantine.
Marginal note:2009, c. 33, s. 16
(2) Subsection 152.03(4) of the Act is replaced by the following:
Marginal note:Disentitlement
(4) A self-employed person, other than one referred to in subsection (1.1), is not entitled to benefits under subsection (1) if, were it not for the prescribed illness, injury or quarantine, the self-employed person would be deemed, in accordance with the regulations, to be not working.
Marginal note:2009, c. 33, s. 16
22. Subsections 152.05(5) to (10) of the Act are replaced by the following:
Marginal note:Extension of period
(5) If, during a self-employed person’s benefit period, benefits were paid to the person for more than one of the reasons mentioned in paragraphs 152.14(1)(a) to (e), the maximum total number of weeks established for those reasons is greater than 50 and benefits were paid for the reason mentioned in paragraph 152.14(1)(b) but for fewer than the maximum number of weeks established for that reason, the period referred to in subsection (2) is extended so that benefits may be paid up to the maximum number of weeks referred to in paragraph 152.14(1)(b).
Marginal note:Limitation
(6) An extension under subsection (5) must not result in the period referred to in subsection (2) being longer than the maximum benefit period calculated under subsection 152.11(16).
Marginal note:Limitation
(7) An extension under any of subsections 152.11(11) to (14) must not result in the period referred to in subsection (2) being longer than 104 weeks.
23. The Act is amended by adding the following after section 152.06:
Marginal note:Benefits — critically ill child
152.061 (1) Subject to this Part, benefits are payable to a self-employed person, who is the parent of a critically ill child, in order to care for or support that child if a specialist medical doctor 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 parents; 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 — child
(3) Subject to subsection (4) and 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 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 specialist medical doctor 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).
Marginal note:Weeks for which benefits may be paid — children
(4) Subject to section 152.14, if more than one child of the self-employed person is critically ill as a result of the same event, 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 any of the children 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 first day from which the specialist medical doctor certifies that any of the children 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 children are exhausted,
(ii) the last of the children dies, or
(iii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).
Marginal note:Exception
(5) Subparagraph (3)(a)(ii) or (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 (3) or (4), as the case may be, 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 — child
(6) Subject to subsection (7), 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 23.2 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 23.2 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 self-employed person, or another claimant who has made a claim for benefits under this section or section 23.2 in respect of the same child, meets the prescribed requirements.
Marginal note:Deferral of waiting period — children
(7) A self-employed person who makes a claim for benefits under this section — and more than one of whose children is critically ill as a result of the same event — 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 23.2 in respect of the same children 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 23.2 in respect of the same children at the same time as the claimant and that other claimant elects to serve their waiting period; or
(c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.2 in respect of the same children, meets the prescribed requirements.
Marginal note:Division of weeks of benefits
(8) 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 23.2 in respect of the same child or the same children who are critically ill as a result of the same event, any remaining weeks of benefits payable under this section, under section 23.2 or under both those sections, up to a maximum of 35 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 divisible number of weeks
(9) For greater certainty, if, in respect of the same child or the same children who are critically ill as a result of the same event, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.2, the total number of weeks of benefits payable under this section and section 23.2 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 (4) or 23.2(3) or (4) that is established in respect of that child.
Marginal note:Limitation
(11) When 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.
24. (1) Section 152.11 of the Act is amended by adding the following after subsection (6):
Marginal note:Exception
(6.1) A claim for benefits referred to in section 152.061 with respect to a critically ill child or children who are critically ill as a result of the same event must not be regarded as having been made on an earlier day under subsection (4) or (5) if
(a) at the time the claim is made, 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 152.061(3) or (4) has already been determined with respect to that child or those children and the claim 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:2009, c. 33, s. 16
(2) Subsections 152.11(14) to (19) of the Act are replaced by the following:
Marginal note:Extension of benefit period
(14) If, during a self-employed person’s benefit period, benefits were paid to the person for more than one of the reasons mentioned in paragraphs 152.14(1)(a) to (e), at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons and the maximum total number of weeks established for those reasons is greater than 50, the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.
Marginal note:Maximum extension under subsections (11) to (14)
(15) Subject to subsection (16), an extension under any of subsections (11) to (14) must not result in a benefit period of more than 104 weeks.
Marginal note:Maximum extension under subsection (14)
(16) Unless the benefit period is also extended under any of subsections (11) to (13), an extension under subsection (14) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 152.14(1) for each of the benefits paid to the self-employed person for one of the reasons mentioned in paragraphs 152.14(1)(a) to (e) during the person’s benefit period before it was extended under subsection (14).
25. (1) Subsection 152.14(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) because the self-employed person is providing care or support to one or more critically ill children described in subsection 152.061(1), is 35.
Marginal note:2009, c. 33, s. 16
(2) Subsection 152.14(5) of the Act is replaced by the following:
Marginal note:Maximum — compassionate care benefits
(5) Even if more than one claim is made under this Act, at least one of which is made under section 152.06 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.06 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is six weeks during the period of 26 weeks that begins on the first day of the week referred to in paragraph 152.06(3)(a).
Marginal note:Maximum — critically ill child
(5.1) Even if more than one claim is made under this Act, at least one of which is made under section 152.061 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.061 — for the same reason and in respect of the same critically ill child, the maximum number of weeks of benefits payable under this Act in respect of that child is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.061(3)(a).
Marginal note:Maximum — critically ill children
(5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.061 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.061 — for the same reason and in respect of the same children who are critically ill as a result of the same event, the maximum number of weeks of benefits payable under this Act in respect of those children is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.061(4)(a).
Marginal note:2009, c. 33, s. 16
(3) Subsection 152.14(8) of the Act is replaced by the following:
Marginal note:Combined weeks of benefits
(8) In a self-employed person’s benefit period, the self-employed person may, subject to the applicable maximums, combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (1), but the maximum number of combined weeks is 50. However, if the benefit period is extended under subsection 152.11(14), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 152.11(16) less two weeks.
CONSEQUENTIAL AMENDMENTS
R.S., c. 1 (5th Supp.)Income Tax Act
26. (1) Subsection 56(1) of the Income Tax Act is amended by adding the following after paragraph (a.2):
Marginal note:Parents of victims of crime
(a.3) amounts received by the taxpayer in the year under a program established under the authority of the Department of Social Development Act in respect of children who are deceased or missing as a result of an offence, or a probable offence, under the Criminal Code;
(2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2013.
27. (1) Section 60 of the Act is amended by adding the following after paragraph (u):
Marginal note:Repayment — parents of victims of crime
(v) the total of all amounts each of which is an amount paid in the year as a repayment of a benefit that was included because of paragraph 56(1)(a.3) in computing the taxpayer’s income for the year or a preceding taxation year;
(2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2013.
28. (1) Subsection 153(1) of the Act is amended by adding the following after paragraph (d.1):
(d.2) an amount described in paragraph 56(1)(a.3),
(2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2013.
29. Paragraph 241(4)(d) of the Act is amended by adding the following after subparagraph (x):
(x.1) to an official of the Department of Human Resources and Skills Development solely for the purpose of the administration or enforcement of a program established under the authority of the Department of Social Development Act in respect of children who are deceased or missing as a result of an offence, or a probable offence, under the Criminal Code,
C.R.C., c. 945Income Tax Regulations
30. (1) The definition “remuneration” in subsection 100(1) of the Income Tax Regulations is amended by adding the following after paragraph (g):
(g.1) an amount that is required by paragraph 56(1)(a.3) of the Act to be included in computing a taxpayer’s income,
(2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2013.
TRANSITIONAL PROVISIONS
Marginal note:Death or disappearance
31. Section 206.5 of the Canada Labour Code, as enacted by section 6, applies only with respect to a death or disappearance that occurs after the day on which section 6 comes into force.
Marginal note:Illness, injury or quarantine
32. Sections 18, 21 and 152.03 of the Employment Insurance Act, as amended by sections 15, 16 and 21, apply only to claims for benefits because of illness, injury or quarantine that are made for weeks that begin on or after the day on which sections 15, 16 and 21 come into force.
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