Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
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Assented to 2017-06-22
PART 4Various Measures (continued)
DIVISION 11Support for Families: Benefits and Leaves (continued)
1996, c. 23Employment Insurance Act (continued)
246 (1) The portion of subsection 152.06(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Compassionate care benefits
152.06 (1) Subject to this Part, benefits are payable to a self-employed person if a medical doctor or nurse practitioner has issued a certificate stating that
(2) Subparagraph 152.06(1)(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; and
(3) Subparagraph 152.06(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 the family member’s medical condition; and
(4) Subsection 152.06(3.1) of the English version of the Act is replaced by the following:
Marginal note:Certificate not necessary
(3.1) For greater certainty, but subject to subsections (3) 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 (1)(a), it is not necessary for a medical doctor or nurse practitioner to issue an additional certificate under subsection (1).
247 (1) The portion of subsection 152.061(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Benefits — critically ill child
152.061 (1) Subject to this Part, benefits are payable to a self-employed person 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 152.061(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 152.14, benefits under this section are payable for each week of unemployment in the period
(3) Subparagraph 152.061(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 152.061(4) of the Act is repealed.
(5) The portion of subsection 152.061(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 152.061(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 152.061(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Deferral of waiting period
(6) A self-employed person 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 152.061(7) to (10) of the Act are replaced by the following:
Marginal note:Division of weeks of benefits
(8) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.2 in respect of the same child, any remaining weeks of benefits payable under this section, under section 23.2 or under both those sections, up to a maximum of 35 weeks, may be divided in the manner agreed to by the self-employed person and the other person. 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 self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.2, the total number of weeks of benefits payable under this section and section 23.2 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 23.2(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.
248 The Act is amended by adding the following after section 152.061:
Marginal note:Benefits — critically ill adult
152.062 (1) Subject to this Part, benefits are payable to a self-employed person who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that
(a) states that the adult is a critically ill adult and requires the care or support of one or more of their family members; and
(b) sets out the period during which the adult requires that care or support.
Marginal note:Medical practitioner
(2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.
Marginal note:Weeks for which benefits may be paid
(3) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period
(a) that begins on the first day of the week in which either of the following falls:
(i) the day on which the first certificate is issued in respect of the adult that meets the requirements of subsection (1) and is filed with the Commission, or
(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 adult is critically ill; and
(b) that ends on the last day of the week in which any of the following occurs:
(i) all benefits payable under this section in respect of the adult are exhausted,
(ii) the adult dies, or
(iii) the expiry of the 52 weeks following the first day of the week referred to in paragraph (a).
Marginal note:Exception
(4) Subparagraph (3)(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 (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
(c) the claim is made in any other circumstances set out in the regulations.
Marginal note:Deferral of waiting period
(5) A self-employed person 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 23.3 in respect of the same adult during the period described in subsection (3) 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 23.3 in respect of the same adult at the same time as the claimant and that other claimant elects to serve their waiting period; or
(c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.3 in respect of the same adult, meets the prescribed requirements.
Marginal note:Division of weeks of benefits
(6) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.3 in respect of the same adult, any remaining weeks of benefits payable under this section, under section 23.3 or under both those sections, up to a maximum of 15 weeks, may be divided in the manner agreed to by the self-employed person and the other person. 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
(7) For greater certainty, if, in respect of the same adult, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.3, the total number of weeks of benefits payable under this section and section 23.3 that may be divided between them must not exceed 15 weeks.
Marginal note:Limitation — compassionate care benefits
(8) Benefits under section 23.1 or 152.06 are not payable in respect of an adult during the period referred to in subsection (3) or 23.3(3) that is established in respect of that adult.
Marginal note:Limitation
(9) When 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 under a provincial law for the same or substantially the same reasons, the benefits payable to the person under this section shall be reduced or eliminated as prescribed.
249 Subsection 152.09(2) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:
(e) providing care or support to one or more critically ill children; and
(f) providing care or support to one or more critically ill adults.
250 (1) The portion of subsection 152.11(6.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Exception
(6.1) A claim for benefits referred to in section 152.061 with respect to a critically ill child must not be regarded as having been made on an earlier day under subsection (4) or (5) if
(2) Paragraph 152.11(6.1)(b) of the Act is replaced by the following:
(b) the beginning of the period referred to in subsection 152.061(3) has already been determined with respect to that child and the claim would have the effect of moving the beginning of that period to an earlier date; or
(3) Section 152.11 of the Act is amended by adding the following after subsection (6.1):
Marginal note:Exception
(6.2) A claim for benefits referred to in section 152.062 with respect to a critically ill adult must not be regarded as having been made on an earlier day under subsection (4) or (5) if
(a) at the time the claim is made, 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 152.062(3) has already been determined with respect to that adult and the claim 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.
(4) Subsections 152.11(14) to (16) of the Act are replaced by the following:
Marginal note:Extension of benefit period
(14) 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), at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons and the maximum total number of weeks established for those reasons is greater than 50, the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.
Marginal note:Extension of benefit period — reason mentioned in paragraph 152.14(1)(b)
(14.1) 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 benefit period is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.
Marginal note:Maximum extension under subsections (11) to (14.1)
(15) An extension under one or more of subsections (11) to (14.1) must not result in a benefit period of more than 104 weeks.
Marginal note:Maximum extension under subsection (14)
(16) Subject to subsection (15), unless the benefit period is also extended under any of subsections (11) to (13), an extension under subsection (14) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 152.14(1) for each of the benefits paid to the self-employed person for one of the reasons mentioned in paragraphs 152.14(1)(a) to (f) during the person’s benefit period before it was extended under subsection (14).
251 (1) Paragraph 152.14(1)(b) of the Act is replaced by the following:
(b) because the self-employed person is caring for one or more new-born children of the self-employed person, or one or more children placed with the self-employed person for the purpose of adoption is, in accordance with the election under section 152.05,
(i) 35, or
(ii) 61;
(2) Subsection 152.14(1) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(f) because the self-employed person is providing care or support to one or more critically ill adults described in subsection 152.062(1) is 15.
(3) Paragraph 152.14(2)(b) of the Act is replaced by the following:
(b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is, in accordance with the election under section 152.05, 35 or 61.
(4) Subsection 152.14(4) of the Act is replaced by the following:
Marginal note:Maximum — parental benefits
(4) If a claim is made under this Part in respect of a child or children referred to in paragraph (2)(b) and a claim is made under section 23 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is, in accordance with the election under section 152.05, 35 or 61.
(5) Subsection 152.14(5.2) of the Act is replaced by the following:
Marginal note:Maximum — critically ill adult
(5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.062 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.062 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 15 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.062(3)(a).
252 The portion of subsection 152.16(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Rate of weekly benefits
152.16 (1) The rate of weekly benefits payable to a self-employed person is 55% — or 33% for the weeks for which the self-employed person is paid benefits under section 152.05 in the case where the applicable maximum number of weeks is established in subparagraph 152.14(1)(b)(ii) — of the result obtained by dividing the aggregate of the amounts referred to in the following paragraphs (a) and (b) by 52:
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