Budget Implementation Act, 2021, No. 1 (S.C. 2021, c. 23)

R.S., c. L-2Canada Labour Code

Amendments to the Act

• 340 (1) Subsection 187.1(1) of the Canada Labour Code is replaced by the following:

  Marginal note:Interruption

  • 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).

• (2) Subsection 187.1(3) of the Act is replaced by the following:

  • Marginal note:Application of subsection 239(7)

    (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.

341 Subsection 187.2(1) of the Act is replaced by the following:

• 342 (1) Subsection 206.1(2.1) of the Act is replaced by the following:

  • Marginal note:Extension of period

    (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

• (2) Subsection 206.1(2.4) of the Act is replaced by the following:

  • Marginal note:Interruption

    (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

• (3) Subsection 206.1(4) of the Act is replaced by the following:

  • Marginal note:Exception — medical leave

    (4) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1).

• 343 (1) Subsection 207.02(1) of the Act is replaced by the following:

  Marginal note:Interruption

  • 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).

• (2) Subsection 207.02(3) of the Act is replaced by the following:

  • Marginal note:Exception — medical leave

    (3) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1).

• 344 (1) The portion of subsection 239(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Entitlement to leave

  • 239 (1) Every employee is entitled to and shall be granted a medical leave of absence from employment of up to 27 weeks as a result of

• (2) Subsection 239(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) quarantine.

• (3) Subsection 239(1.1) of the Act is repealed.

Coordinating Amendments

Marginal note:2020, c. 12

345 On the first day on which both subsection 340(1) of this Act and subsection 4.1(2) of the COVID-19 Response Measures Act are in force

• (a) subsection 187.1(1) of the Canada Labour Code is replaced by the following:

  Marginal note:Interruption

  • 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or 239.1(1).

• (b) subsection 187.2(1) of the Canada Labour Code is replaced by the following:

  Marginal note:Postponement

  • 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or 239.1(1), ends.

• (c) subsection 206.1(2.1) of the Canada Labour Code is replaced by the following:

  • Marginal note:Extension of period

    (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

• (d) subsection 206.1(2.4) of the Canada Labour Code is replaced by the following:

  • Marginal note:Interruption

    (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

• (e) subsection 207.02(1) of the Canada Labour Code is replaced by the following:

  Marginal note:Interruption

  • 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or 239.1(1).

Coming into Force

Marginal note:Subsection 307(2)

346 Sections 340 to 344 come into force on the day on which subsection 307(2) comes into force.

SOR/96-332Employment Insurance Regulations

Amendments to the Regulations

• 347 (1) Subsection 35(6) of the Employment Insurance Regulations is replaced by the following:

  • (6) Notwithstanding subsection (2), allowances that would not be deducted from benefits by virtue of subsection 16(1) are not earnings to be taken into account for the purposes of section 14.

• (2) Subsection 35(6) of the Regulations is replaced by the following:

  • (6) Notwithstanding subsection (2), the earnings referred to in subsection 36(9) and allowances that would not be deducted from benefits by virtue of subsection 16(1) are not earnings to be taken into account for the purposes of section 14.

• (3) Subsection 35(7) of the Regulations is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (g) earnings paid or payable to a claimant by reason of a lay-off or separation from employment.

• (4) Subsection 35(7) of the Regulations is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (e) and by repealing paragraph (g).

• 348 (1) Subsections 36(9) to (10.2) of the Regulations are repealed.

• (2) Section 36 of the Regulations is amended by adding the following after subsection (8):

  • (9) Subject to subsections (10) to (11), all earnings paid or payable to a claimant by reason of a lay-off or separation from an employment shall, regardless of the period in respect of which the earnings are purported to be paid or payable, be allocated to a number of weeks that begins with the week of the lay-off or separation in such a manner that the total earnings of the claimant from that employment are, in each consecutive week except the last, equal to the claimant’s normal weekly earnings from that employment.

  • (10) Subject to subsection (11), where earnings are paid or payable to a claimant by reason of a lay-off or separation from an employment subsequent to an allocation under subsection (9) in respect of that lay-off or separation, the subsequent earnings shall be added to the earnings that were allocated and, regardless of the period in respect of which the subsequent earnings are purported to be paid or payable, a revised allocation shall be made in accordance with subsection (9) on the basis of that total.

  • (10.1) The allocation of the earnings paid or payable to a claimant by reason of a lay-off or separation from an employment made in accordance with subsection (9) does not apply if

    • (a) the claimant’s benefit period begins in the period beginning on January 25, 2009 and ending on May 29, 2010;

    • (b) the claimant contributed at least 30% of the maximum annual employee’s premium in at least seven of the 10 years before the beginning of the claimant’s benefit period;

    • (c) the Commission paid the claimant less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period; and

    • (d) during the period in which the earnings paid or payable by reason of the claimant’s lay-off or separation from an employment are allocated in accordance with subsection (9) or, if the earnings are allocated to five weeks or less, during that period of allocation or within six weeks following the notification of the allocation, the claimant is referred by the Commission, or an authority that the Commission designates, under paragraph 25(1)(a) of the Act, to a course or program of instruction or training

      • (i) that is full-time,

      • (ii) that has a duration of at least 10 weeks or that costs at least $5,000 or 80% of the earnings paid or payable by reason of the claimant’s lay-off or separation from employment,

      • (iii) for which the claimant assumes the entire cost, and

      • (iv) that begins during one of the 52 weeks following the beginning of the claimant’s benefit period.

  • (10.2) If any of the conditions under which the Commission may terminate the claimant’s referral under paragraph 27(1.1)(b) of the Act exists, the earnings paid or payable to the claimant by reason of a lay-off or separation from an employment shall be re-allocated under subsection (9).

• 349 (1) The portion of subsection 55(5) of the Regulations before paragraph (a) is replaced by the following:

  • (5) A claimant who is not a self-employed person and whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if

• (2) The portion of subsection 55(5) of the Regulations before paragraph (a) is replaced by the following:

  • (5) A major attachment claimant who is not a self-employed person and whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if

• (3) The portion of subsection 55(6) of the Regulations before paragraph (a) is replaced by the following:

  • (6) Subject to subsection (7), a claimant who is not a self-employed person and who resides outside Canada, other than a claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if

• (4) The portion of subsection 55(6) of the Regulations before paragraph (a) is replaced by the following:

  • (6) Subject to subsection (7), a claimant who is not a self-employed person and who resides outside Canada, other than a major attachment claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if

350 Paragraph 77.992(2)(a) of the Regulations is replaced by the following:

Coming into Force

Marginal note:September 26, 2021

• 351 (1) Subsections 347(1) and (3), 348(1), 349(1) and (3) and section 350 come into force, or are deemed to have come into force, on September 26, 2021.

• Marginal note:September 25, 2022

  (2) Subsections 347(2) and (4), 348(2) and 349(2) and (4) come into force, or are deemed to have come into force, on September 25, 2022.

SOR/96-445Employment Insurance (Fishing) Regulations

Amendments to the Regulations

• 352 (1) The definitions major attachment claimant and minor attachment claimant in subsection 1(1) of the Employment Insurance (Fishing) Regulations are repealed.

• (2) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:

  major attachment claimant

  major attachment claimant means a claimant who qualifies to receive benefits and has $3,760 or more of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la première catégorie)

  minor attachment claimant

  minor attachment claimant means a claimant who qualifies to receive benefits and has less than $3,760 of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la deuxième catégorie)

• 353 (1) Paragraph 8(2)(b) of the Regulations is replaced by the following:

  • (b) have accumulated, since the beginning of the qualifying period, at least $2,500 of insurable earnings from employment as a fisher.

• (2) Paragraph 8(2)(b) of the Regulations is replaced by the following:

  • (b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside.

• (3) Paragraph 8(7)(b) of the Regulations is replaced by the following:

  • (b) have accumulated, since the beginning of the qualifying period, at least $2,500 of insurable earnings from employment as a fisher.

• (4) Paragraph 8(7)(b) of the Regulations is replaced by the following:

  • (b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside.