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Fall Economic Statement Implementation Act, 2023 (S.C. 2024, c. 15)

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Assented to 2024-06-20

PART 5Various Measures (continued)

DIVISION 11Department of Housing, Infrastructure and Communities Act (continued)

Consequential Amendments (continued)

1991, c. 30Public Sector Compensation Act

337 Schedule I to the Public Sector Compensation Act is amended by adding the following in alphabetical order under the heading “Departments”:

Department of Housing, Infrastructure and Communities
Ministère du Logement, de l’Infrastructure et des Collectivités

2011, c. 24Keeping Canada’s Economy and Jobs Growing Act

338 Subsection 161(1) of the Keeping Canada’s Economy and Jobs Growing Act is replaced by the following:

Marginal note:Maximum payment

161 (1) There may be paid out of the Consolidated Revenue Fund for each fiscal year beginning on or after April 1, 2014, on the requisition of the Minister of Infrastructure and Communities or of the Minister of Indigenous Services, in accordance with terms and conditions approved by the Treasury Board, a sum of not more than the amount determined in accordance with subsection (2) to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.

2019, c. 29National Housing Strategy Act

339 Section 12 of the National Housing Strategy Act is replaced by the following:

Marginal note:Administrative support

12 The Minister is to provide the National Housing Council with any administrative services and facilities that are necessary to assist the Council in performing its duties and functions.

Repeal

Marginal note:Repeal

340 The Canada Strategic Infrastructure Fund Act, section 47 of chapter 9 of the Statutes of Canada, 2002, is repealed.

Coming into Force

Marginal note:Second anniversary or order in council

341 (1) Section 339 comes into force on the second anniversary of the day on which this Act receives royal assent or on an earlier day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Section 340 comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 12Measures Related to Placement or Arrival of Children

1996, c. 23Employment Insurance Act

Amendments to the Act

342 (1) Section 10 of the Employment Insurance Act is amended by adding the following after subsection (11):
- Marginal note:Extension of benefit period — placement or arrival delayed
  (11.1) If the placement or arrival of the child or children referred to in subsection 22.1(1) is delayed, the benefit period is extended by the number of weeks during which the placement or arrival is delayed.
(2) Paragraph 10(13.01)(c) of the Act is replaced by the following:
- (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (a.1), (c), (d), (e) or (f).

343 (1) Subsection 12(3) of the Act is amended by adding the following after paragraph (a):
- (a.1) because the claimant is carrying out the responsibilities described in subsection 22.1(1) is 15;
(2) Subsection 12(4) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
- (a.1) for carrying out the responsibilities described in subsection 22.1(1) in relation to the placement of one or more children for the purpose of adoption as a result of a single placement or the arrival of one or more new-born children as a result of a single pregnancy is 15; and

344 Subsection 18(2) of the Act is replaced by the following:

Marginal note:Exception
(2) A claimant to whom benefits are payable under any of sections 22.1 to 23.3 is not disentitled under paragraph (1)(b) for failing to prove that they would have been available for work were it not for the illness, injury or quarantine.

345 The Act is amended by adding the following after section 22:

Marginal note:Benefit for responsibilities related to child’s placement or arrival

22.1 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant for carrying out responsibilities related to
- (a) the placement with the claimant of one or more children for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or
- (b) the arrival of one or more new-born children of the claimant into the claimant’s care, in the case where the person who will be giving or gave birth to the child or children is not, or is not intended to be, a parent of the child or children.
Marginal note:Weeks for which benefits may be paid
(2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period
- (a) that begins the earlier of
  - (i) five weeks before the week in which the placement of the child or children with the claimant for the purpose of adoption is expected or the new-born child or children of the claimant are expected to arrive into the claimant’s care, and
  - (ii) the week in which the child or children are actually placed with the claimant for the purpose of adoption or the new-born child or children of the claimant actually arrive into the claimant’s care; and
- (b) that ends 17 weeks after the week in which the child or children are actually placed with the claimant for the purpose of adoption or the new-born child or children of the claimant actually arrive into the claimant’s care.
Marginal note:Limitation — delay of placement or arrival
(3) If the placement or arrival of the child or children referred to in subsection (1) is delayed, the period referred to in subsection (2) must not, subject to any extension under subsection (4), exceed 52 weeks after the week in which the placement or arrival was expected.
Marginal note:Extension of period — children in hospital
(4) If the child or children referred to in subsection (1) are hospitalized during the period that begins the week referred to in subparagraph (2)(a)(ii) and that ends 17 weeks after that week, the period referred to in subsection (2) is extended by the number of weeks during which the child or children are hospitalized.
Marginal note:Limitation — children in hospital
(5) The extended period shall end no later than 52 weeks after the week referred to in subparagraph (2)(a)(ii).
Marginal note:Limitation
(6) If 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 for the same reasons under a provincial law, the benefits payable to the claimant under this Act are to be reduced or eliminated as prescribed.
Marginal note:Application of section 18
(7) For the purposes of section 13, the provisions of section 18 do not apply to the week that immediately precedes the period described in subsection (2).
Marginal note:Division of weeks of benefits
(8) If two major attachment claimants each make a claim for benefits under this section — or if one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.041 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.041 or under both those sections may be divided between them up to a maximum of 15. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
Marginal note:Maximum number of weeks that can be divided
(9) For greater certainty, if, in respect of the same child or children, a major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.041, the total number of weeks of benefits payable under this section and section 152.041 that may be divided between them may not exceed 15.
Marginal note:Deferral of waiting period
(10) A major attachment 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, otherwise than under this section, if
- (a) the claimant has already made a claim for benefits under this section in respect of the same child or children and has served the waiting period;
- (b) another major attachment claimant has made a claim for benefits under this section in respect of the same child or children and that other claimant has served or is serving their waiting period;
- (c) another major attachment claimant is making a claim for benefits under this section in respect of the same child or children at the same time as the claimant and that other claimant elects to serve the waiting period; or
- (d) the claimant or another major attachment claimant meets the prescribed requirements.
Marginal note:Exception
(11) If a major attachment claimant makes a claim under this section and an individual makes a claim under section 152.041 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 their waiting period deferred in accordance with section 152.041.

346 (1) Paragraph 23(3.21)(c) of the Act is replaced by the following:
- (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (a.1), (c), (d), (e) or (f).
(2) The portion of subsection 23(5) of the Act before paragraph (d) is replaced by the following:
- Marginal note:Deferral of waiting period
  (5) A major attachment 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, otherwise than under this section or section 22 or 22.1, if
  - (a) the claimant has already made a claim for benefits under this section or section 22 or 22.1 in respect of the same child or children and has served the waiting period;
  - (b) another major attachment claimant has made a claim for benefits under this section or section 22 or 22.1 in respect of the same child or children and that other claimant has served or is serving their waiting period;
  - (c) another major attachment claimant is making a claim for benefits under this section or section 22 or 22.1 in respect of the same child or children at the same time as the claimant and that other claimant elects to serve the waiting period; or
(3) The portion of subsection 23(6) of the Act before paragraph (a) is replaced by the following:
- Marginal note:Exception
  (6) If a major attachment claimant makes a claim under this section or section 22 or 22.1 and an individual makes a claim under section 152.04, 152.041 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
(4) Paragraph 23(6)(b) of the Act is replaced by the following:
- (b) if the individual is not the one who served or elected to serve the waiting period, that claimant may have their waiting period deferred in accordance with section 152.041 or 152.05, as the case may be.

347 Paragraph 54(f.7) of the Act is replaced by the following:

(f.7) prescribing rules for the purposes of subsections 22.1(8), 23(4), 23.1(9), 23.2(8), 23.3(6), 152.041(8), 152.05(12), 152.06(7), 152.061(8) and 152.062(6);

348 (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, responsibilities related to a child’s placement or arrival, child care, compassionate care, a child’s critical illness or an adult’s critical illness under a plan that covers insured persons employed by the employer, other than one established under a 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, the premiums under Part VII.1 or all those premiums, when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, responsibilities related to a child’s placement or arrival, child care, compassionate care, a child’s critical illness or an adult’s critical illness under a provincial law to insured persons or to self-employed persons, as the case may be, would have the effect of reducing or eliminating the special benefits payable to those insured persons or the benefits payable to those self-employed persons.

349 Subsection 152.03(1.1) of the Act is replaced by the following:

Marginal note:Exception
(1.1) A self-employed person to whom benefits are payable under any of sections 152.041 to 152.062 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.

350 The Act is amended by adding the following after section 152.04: