Employment Insurance Act

Marginal note:Parental benefits

• 23 (1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides.

• 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 with the week in which the child or children of the claimant are born or the child or children are actually placed with the claimant for the purpose of adoption; and

  • (b) that ends 52 weeks after the week in which the child or children of the claimant are born or the child or children are actually placed with the claimant for the purpose of adoption.

• Marginal note:Extension of period — children in hospital

  (3) If the child or children referred to in subsection (1) are hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child or children are hospitalized.

• Marginal note:Extension of period — Canadian Forces

  (3.01) If, during the period referred to in subsection (2), the start date of a claimant’s period of parental leave is deferred or a claimant is directed to return to duty from parental leave, in accordance with regulations made under the National Defence Act, the period is extended by the number of weeks during which the claimant’s parental leave is deferred or the claimant is directed to return to duty, as the case may be.

• Marginal note:Limitation

  (3.1) No extension under subsection (3) or (3.01) may result in the period being longer than 104 weeks.

• Marginal note:Extension of period — special benefits

  (3.2) If, during a claimant’s benefit period,

  • (a) regular benefits were not paid to the claimant,

  • (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (e),

  • (c) the maximum total number of weeks established for those reasons is greater than 50, and

  • (d) benefits were paid for the reason mentioned in paragraph 12(3)(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 12(3)(b).

• (3.21) to (3.23) [Repealed, 2012, c. 27, s. 17]

• Marginal note:Limitation

  (3.3) An extension under subsection (3.2) must not result in the period referred to in subsection (2) being longer than the maximum benefit period calculated under subsection 10(15).

• Marginal note:Limitation

  (3.4) An extension under any of subsections 10(10) to (13) must not result in the period referred to in subsection (2) being longer than 104 weeks.

• Marginal note:Limitation

  (3.5) 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: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.

• Marginal note:Deferral of waiting period

  (5) A major attachment claimant who makes a claim for benefits under this section may have his or her waiting period deferred until he or she makes another claim for benefits in the same benefit period, otherwise than under section 22 or this section, if

  • (a) the claimant has already made a claim for benefits under section 22 or this section in respect of the same child and has served the waiting period;

  • (b) another major attachment claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving his or her waiting period;

  • (c) another major attachment claimant is making a claim for benefits under section 22 or this section in respect of the same child 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

  (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.