Employment Insurance Act

Marginal note:Definition

• 23.1 (1) In this section, family member, in relation to an individual, means

  • (a) a spouse or common-law partner of the individual;

  • (b) a child of the individual or a child of the individual’s spouse or common-law partner;

  • (c) a parent of the individual or a spouse or common-law partner of the parent; and

  • (d) any other person who is a member of a class of persons prescribed for the purposes of this definition.

• Marginal note:Compassionate care benefits

  (2) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor has issued a certificate stating that

  • (a) a family member of the claimant has a serious medical condition with a significant risk of death within 26 weeks

    • (i) from the day the certificate is issued,

    • (ii) in the case of a claim that is made before the day the certificate is issued, from the day from which the medical doctor certifies the family member’s medical condition, or

    • (iii) in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), from that earlier day; and

  • (b) the family member requires the care or support of one or more other family members.

• Marginal note:Medical practitioner

  (3) In the circumstances set out in the regulations, the certificate required under subsection (2) may be issued by a member of a prescribed class of medical practitioners.

• Marginal note:Weeks for which benefits may be paid

  (4) Subject to section 12, benefits under this section are payable for each week of unemployment in the period

  • (a) that begins with the first day of the week in which the following falls, namely,

    • (i) the day of issuance of the first certificate in respect of the family member that meets the requirements of subsection (2) and is filed with the Commission,

    • (ii) in the case of a claim that is made before the day the certificate is issued, the day from which the medical doctor certifies the family member’s medical condition, or

    • (iii) in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), that earlier day; and

  • (b) that ends on the last day of the week in which any of the following occurs, namely,

    • (i) all benefits payable under this section in respect of the family member are exhausted,

    • (ii) the family member dies, or

    • (iii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.

• Marginal note:Certificate not necessary

  (4.1) For greater certainty, but subject to subsections (4) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (2)(a), it is not necessary for a medical doctor to issue an additional certificate under subsection (2).

• Marginal note:Shorter period

  (5) If a shorter period is prescribed for the purposes of this section,

  • (a) the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and

  • (b) that period applies for the purposes of subparagraph (4)(b)(iii).

• Marginal note:Exception

  (6) Subparagraph (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 (4) has already been determined with respect to the family member, 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

  (7) A 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 if

  • (a) another claimant has made a claim for benefits under this section or section 152.06 in respect of the same family member 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 152.06 in respect of the same family member at the same time as the claimant and that other claimant elects to serve the waiting period; or

  • (c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.06 in respect of the same family member, meets the prescribed requirements.

• Marginal note:Division of weeks of benefits

  (8) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.06 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 152.06 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by those claimants.

• Marginal note:Maximum number of weeks that can be divided

  (8.1) For greater certainty, if, in respect of the same family member, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.06, the total number of weeks of benefits payable under this section and section 152.06 that may be divided between them may not exceed 26 weeks.

• Marginal note:Failure to agree

  (9) If the claimants referred to in subsection (8) cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

• Marginal note:Limitation

  (10) When 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 under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed.