Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

• 236 (1) Subsection 23.1(1) of the Act is repealed.

• (2) The portion of subsection 23.1(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Compassionate care benefits

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

• (3) Subparagraph 23.1(2)(a)(ii) of the Act is replaced by the following:

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

• (4) Subparagraph 23.1(4)(a)(ii) of the Act is replaced by the following:

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

• (5) Subsection 23.1(4.1) of the English version of the Act is replaced by the following:

  • 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 or nurse practitioner to issue an additional certificate under subsection (2).

• 237 (1) The portion of subsection 23.2(1) of the Act before paragraph (b) is replaced by the following:

  Marginal note:Benefits — critically ill child

  • 23.2 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that

    • (a) states that the child is a critically ill child and requires the care or support of one or more of their family members; and

• (2) The portion of subsection 23.2(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Weeks for which benefits may be paid

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

• (3) Subparagraph 23.2(3)(a)(ii) of the Act is replaced by the following:

  • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the child is critically ill; and

• (4) Subsection 23.2(4) of the Act is repealed.

• (5) The portion of subsection 23.2(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exception

    (5) Subparagraph (3)(a)(ii) does not apply to a claim if

• (6) Paragraph 23.2(5)(b) of the Act is replaced by the following:

  • (b) the beginning of the period referred to in subsection (3) has already been determined 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

• (7) The portion of subsection 23.2(6) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Deferral of waiting period

    (6) 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

• (8) Subsections 23.2(7) to (10) of the Act are replaced by the following:

  • 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 152.061 in respect of the same child, any remaining weeks of benefits payable under this section, under section 152.061 or under both those sections, up to a maximum of 35 weeks, may be divided in the manner agreed to by those claimants. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum divisible number of weeks

    (9) For greater certainty, if, in respect of the same child, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.061, the total number of weeks of benefits payable under this section and section 152.061 that may be divided between them must not exceed 35 weeks.

  • Marginal note:Limitation — compassionate care benefits

    (10) Benefits under section 23.1 or 152.06 are not payable in respect of a child during the period referred to in subsection (3) or 152.061(3) that is established in respect of that child.

  • Marginal note:Limitation — benefits for critically ill adult

    (10.1) Benefits under section 23.3 or 152.062 are not payable during the period of 52 weeks that begins on the first day of the week referred to in paragraph (3)(a) in respect of a person who was a critically ill child if benefits were paid in respect of that person under this section.

238 The Act is amended by adding the following after section 23.2:

239 Subsection 50(8.1) of the Act is replaced by the following:

• 240 (1) Paragraph 54(c.2) of the Act is replaced by the following:

  • (c.2) setting out circumstances for the purposes of paragraphs 10(5.1)(c), 10(5.2)(c), 10(5.3)(c), 23.1(6)(c), 23.2(5)(c), 23.3(4)(c), 152.06(5)(c), 152.061(5)(c), 152.062(4)(c), 152.11(6)(c), 152.11(6.1)(c) and 152.11(6.2)(c);

• (2) Paragraphs 54(f.2) to (f.4) of the Act are replaced by the following:

  • (f.21) defining or determining what is a medical doctor, a nurse practitioner, a family member, a critically ill child and a critically ill adult for the purposes of subsections 23.1(2), 23.2(1), 23.3(1), 152.06(1), 152.061(1) and 152.062(1);

  • (f.3) defining or determining what is care or support for the purposes of paragraphs 23.1(2)(b), 23.2(1)(a), 23.3(1)(a), 152.06(1)(b), 152.061(1)(a) and 152.062(1)(a);

  • (f.4) prescribing classes of medical practitioners for the purposes of subsections 23.1(3), 23.2(2), 23.3(2), 152.06(2), 152.061(2) and 152.062(2) and setting out the circumstances in which a certificate may be issued by them under subsection 23.1(2), 23.2(1), 23.3(1), 152.06(1), 152.061(1) or 152.062(1);

• (3) Paragraphs 54(f.6) and (f.7) of the Act are replaced by the following:

  • (f.6) prescribing requirements for the purposes of paragraphs 23.1(7)(c), 23.2(6)(c), 23.3(5)(c), 152.06(6)(c), 152.061(6)(c) and 152.062(5)(c);

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

• 241 (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, 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, 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.

• (3) Section 69 of the Act is amended by adding the following after subsection (7):

  • Marginal note:Reference

    (8) The reference to the payment of allowances, money or other benefits because of an adult’s critical illness in subsections (1) and (2) means the payment of allowances, money or other benefits for the same or substantially the same reasons for which benefits are payable under section 23.3.

242 The definition family member in subsection 152.01(1) of the Act is repealed.

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

• 244 (1) Subparagraph 152.04(2)(a)(i) of the Act is replaced by the following:

  • (i) 12 weeks before the week in which her confinement is expected, and

• (2) Section 152.04 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Presumption

    (3.1) With regard to serving the waiting period under section 152.15, the week that immediately precedes the period described in subsection (2) is deemed to be a week that is included in that period.

• 245 (1) Section 152.05 of the Act is amended by adding the following after subsection (1):

  • 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.

• (2) Subsection 152.05(5) of the Act is replaced by the following:

  • 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.

• (3) Subsection 152.05(7) of the Act is replaced by the following:

  • 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.

• (4) Subsections 152.05(12) and (13) of the Act are replaced by the following:

  • 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 35, if the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(i) or 12(3)(b)(i), or up to a maximum of 61, 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 35, if the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(i) or 12(3)(b)(i), or may not exceed 61, if that number of weeks is established under subparagraph 152.14(1)(b)(ii) or 12(3)(b)(ii).