Employment Insurance Act

Marginal note:Parental benefits

• 152.05 (1) Subject to this Part, benefits are payable to a self-employed person to care for one or more new-born children of the person or one or more children placed with the person for the purpose of adoption under the laws governing adoption in the province in which the person resides.

• Marginal note:Election by self-employed person

  (1.1) In a claim for benefits made under this section, a self-employed person shall elect the maximum number of weeks referred to in either subparagraph 152.14(1)(b)(i) or (ii) for which benefits may be paid.

• Marginal note:Irrevocability of election

  (1.2) The election is irrevocable once benefits are paid under this section or under section 23 in respect of the same child or children.

• Marginal note:First to elect

  (1.3) If two self-employed persons each make a claim for benefits under this section — or if one self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23 — in respect of the same child or children, the election made under subsection (1.1) or subsection 23(1.1) by the first person to make a claim for benefits under this section or under section 23 is binding on both persons.

• Marginal note:Weeks for which benefits may be paid

  (2) Subject to section 152.14, 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 self-employed person are born or the child or children are actually placed with the self-employed person for the purpose of adoption; and

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

• Marginal note:Extension of period — child 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:Limitation

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

• 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 (f), 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 applicable 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 applicable maximum number of weeks referred to in subparagraph 152.14(1)(b)(i) or (ii).

• Marginal note:Extension of period — reason mentioned in paragraph 152.14(1)(b)

  (5.1) If, during a self-employed person’s benefit period, benefits were not paid for any reason mentioned in paragraph 152.14(1)(a), (c), (d), (e) or (f) and benefits were paid to the person for the reason mentioned in paragraph 152.14(1)(b) in the case where the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(ii), the period referred to in subsection (2) is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.

• 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 one or more of subsections 152.11(11) to (14.1) must not result in the period referred to in subsection (2) being longer than 104 weeks.

• (8) to (10) [Repealed, 2012, c. 27, s. 22]

• Marginal note:Limitation

  (11) If 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 for the same reasons under a provincial law, the benefits payable to the self-employed person under this Part are to be reduced or eliminated as prescribed.

• Marginal note:Division of weeks of benefits

  (12) If two self-employed persons each make a claim for benefits under this section — or if one self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23 — in respect of the same child or children, the weeks of benefits payable under this section, under section 23 or under both those sections may be divided between them up to a maximum of 40, if the maximum number of weeks that has been elected under subsection (1.1) or 23(1.1) is established under subparagraph 152.14(1)(b)(i) or 12(3)(b)(i), or up to a maximum of 69, if that number of weeks is established under subparagraph 152.14(1)(b)(ii) or 12(3)(b)(ii). 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

  (13) For greater certainty, if, in respect of the same child or children, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23, the total number of weeks of benefits payable under this section and section 23 that may be divided between them may not exceed

  • (a) 40, if the maximum number of weeks that has been elected under subsection (1.1) or 23(1.1) is established under subparagraph 152.14(1)(b)(i) or 12(3)(b)(i); or

  • (b) 69, if that number of weeks is established under subparagraph 152.14(1)(b)(ii) or 12(3)(b)(ii).

• Marginal note:Maximum number of weeks per claimant

  (13.01) Even if the weeks of benefits payable are divided in accordance with subsections (12) and (13), the maximum number of weeks for which benefits may be paid to a claimant is 35 or 61 weeks, in accordance with the election made under subsection (1.1) or 23(1.1).

• Marginal note:Deferral of waiting period

  (14) A self-employed person 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 152.04 or this section, if

  • (a) the self-employed person has already made a claim for benefits under section 152.04 or this section in respect of the same child or children and has served the waiting period;

  • (b) another self-employed person has made a claim for benefits under section 152.04 or this section in respect of the same child or children and that other self-employed person has served or is serving his or her waiting period;

  • (c) another self-employed person is making a claim for benefits under section 152.04 or this section in respect of the same child or children at the same time as the self-employed person and that other self-employed person elects to serve the waiting period; or

  • (d) the self-employed person or another self-employed person meets the prescribed requirements.

• Marginal note:Exception

  (15) If a self-employed person makes a claim under this Part and another person makes a claim under section 22 or 23 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 self-employed person is not the one who served or elected to serve the waiting period, the self-employed person is not required to serve a waiting period; or

  • (b) if the person making the claim under section 22 or 23 is not the one who served or elected to serve the waiting period, the person may have his or her waiting period deferred in accordance with section 23.