Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)

409 Schedule V to the Act is replaced by the Schedule V set out in Schedule 3 to this Act.

410 Schedule VI to the Act is amended by replacing the reference after the heading “SCHEDULE VI” with the following:

Transitional Provision

Marginal note:Continued application — before September 25, 2022

411 Schedule V to the Employment Insurance Act, as it read immediately before September 25, 2022, continues to apply in respect of a claimant whose benefit period, as those terms are defined in subsection 2(1) of that Act, begins before September 25, 2022.

2021, c. 23Budget Implementation Act, 2021, No. 1

412 The Budget Implementation Act, 2021, No. 1 is amended by adding the following after section 350:

Coordinating Amendments

Marginal note:Bill C-8

• 413 (1) Subsections (2) to (4) apply if Bill C-8, introduced in the 1st session of the 44th Parliament and entitled the Economic and Fiscal Update Implementation Act, 2021 (in this section referred to as the “other Act”), receives royal assent.

• (2) If section 47 of the other Act comes into force before section 408 of this Act, then

  • (a) sections 408 and 410 of this Act are deemed never to have come into force and are repealed; and

  • (b) subparagraph 12(2.3)(a)(i) of the Employment Insurance Act is replaced by the following:

    • (i) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 28, 2023,

• (3) If section 408 of this Act comes into force before section 47 of the other Act, then sections 47 and 48 of the other Act are deemed never to have come into force and are repealed.

• (4) If section 47 of the other Act comes into force on the same day as section 408 of this Act, then sections 47 and 48 of the other Act are deemed never to have come into force and are repealed.

Coming into Force

Marginal note:September 25, 2022

• 414 (1) Sections 409 and 411 come into force, or are deemed to have come into force, on September 25, 2022.

• Marginal note:Royal assent or September 25, 2022

  (2) Section 412 comes into force on the day on which this Act receives royal assent or, if that day is after September 25, 2022, is deemed to have come into force on September 25, 2022.

DIVISION 28R.S., c. C-8Canada Pension Plan

Amendments to the Act

415 The definition contributory period in subsection 2(1) of the Canada Pension Plan is replaced by the following:

• 416 (1) Paragraph 44(1)(h) of the Act is replaced by the following:

  • (h) a post-retirement disability benefit shall be paid to a beneficiary of a retirement pension who has not reached 65 years of age and is disabled if

    • (i) the beneficiary has made base contributions for not less than the minimum qualifying period and that period ends after 2018,

    • (ii) the beneficiary is a contributor to whom a post-retirement disability benefit would have been payable at the time the contributor is deemed to have become disabled if an application for a post-retirement disability benefit had been received before the application was actually received, or

    • (iii) the beneficiary is a contributor to whom a post-retirement disability benefit would have been payable at the time the contributor is deemed to have become disabled if a division of unadjusted pensionable earnings that was made under section 55 or 55.1 had not been made.

• (2) The portion of subsection 44(4) of the Act before paragraph (c) is replaced by the following:

  • Marginal note:Calculation of minimum qualifying period — post-retirement disability benefit

    (4) For the purposes of paragraph (1)(h) and, if a post-retirement disability benefit is payable to a contributor, paragraph (1)(e), the contributor is deemed to have made base contributions for not less than the minimum qualifying period only if the contributor has made base contributions during their contributory period on earnings that are not less than the contributor’s basic exemption, calculated without regard to subsection 20(2),

    • (a) for at least four of the last six calendar years included either wholly or partly in the contributor’s contributory period;

    • (b) for at least 25 calendar years included either wholly or partly in the contributor’s contributory period, of which at least three are in the last six calendar years included either wholly or partly in the contributor’s contributory period; or

• (3) Section 44 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Contributory period — post-retirement disability benefit

    (5) For the purposes of subsection (4), the contributory period of a contributor is the period

    • (a) commencing when they reach 18 years of age, and

    • (b) ending with the month in which they are determined to have become disabled for the purpose of paragraph (1)(h),

    but excluding

    • (c) any month that was excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability, and

    • (d) in relation to any benefits payable under this Act for any month after December 1977, any month for which the contributor was a family allowance recipient in a year for which the contributor’s base unadjusted pensionable earnings are less than the contributor’s basic exemption for the year, calculated without regard to subsection 20(2).

417 The portion of paragraph 49(b) of the Act before subparagraph (i) is replaced by the following:

• 418 (1) The portion of paragraph (a) of the description of G in section 51.1 of the Act before the formula is replaced by the following:

  • (a) the lesser of 1 and the number determined by the formula

• (2) The description of M7 in section 51.1 of the Act is replaced by the following:

  M7

  is the number of months in the contributor’s first additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and

• (3) Section 51.1 of the Act is renumbered as subsection 51.1(1) and is amended by adding the following:

  • Marginal note:Year in which first additional contributory period begins

    (2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s first additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their first additional contributory period begins is replaced by the prorated portion determined by the formula

    A × (M ÷ 12)

    where

    A

    is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s first additional contributory period begins; and

    M

    is the number of months in that year that are included in the contributor’s first additional contributory period.

• 419 (1) The portion of paragraph (a) of the description of G in section 51.2 of the Act before the formula is replaced by the following:

  • (a) the lesser of 1 and the number determined by the formula

• (2) The description of M7 in section 51.2 of the Act is replaced by the following:

  M7

  is the number of months in the contributor’s second additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and

• (3) Section 51.2 of the Act is renumbered as subsection 51.2(1) and is amended by adding the following:

  • Marginal note:Year in which second additional contributory period begins

    (2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s second additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula

    A × (M ÷ 12)

    where

    A

    is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins; and

    M

    is the number of months in that year that are included in the contributor’s second additional contributory period.

420 Section 53.3 of the Act is amended by adding the following after subsection (4):

421 Section 53.4 of the Act is amended by adding the following after subsection (3):

Coming into Force

Marginal note:Non-application — subsection 114(2) of Canada Pension Plan

• 422 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Division.

• Marginal note:Order in council

  (2) This Division comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

DIVISION 29Medical Leave with Pay

2021, c. 27An Act to amend the Criminal Code and the Canada Labour Code

• 423 (1) Subsection 7(1) of An Act to amend the Criminal Code and the Canada Labour Code is amended by replacing the subsection 239(1.2) that it enacts with the following:

  • Marginal note:Leave with pay

    (1.2) Subject to subsection (1.21) and the regulations, an employee earns, as of the first day on which this subsection applies to the employee,

    • (a) after completing 30 days of continuous employment with an employer, three days of medical leave of absence with pay; and

    • (b) following the period of 30 days referred to in paragraph (a), at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay.

  • Marginal note:Maximum of 10 days

    (1.21) Subject to the regulations, an employee is entitled to earn up to 10 days of medical leave of absence with pay in a calendar year.

• (2) Subsection 7(1) of the Act is amended by replacing the subsection 239(1.4) that it enacts with the following:

  • Marginal note:Annual carry forward

    (1.4) Subject to the regulations, each day of medical leave of absence with pay that an employee does not take in a calendar year is to be carried forward to January 1 of the following calendar year and decreases, by one, the maximum number of days that can be earned in that calendar year under subsection (1.21).

• (3) Subsection 7(1) of the Act is amended by replacing the subsections 239(1.6) and (2) that it enacts with the following:

  • Marginal note:Certificate

    (2) The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence of at least five consecutive days, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence.

• (4) Subsection 7(2) of the Act is amended by amending the subsection 239(13) that it enacts by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

  • (b) modifying subsection (1.2), (1.21) or (1.4) if, in the opinion of the Governor in Council, employees or classes of employees will, despite the modification, earn periods of medical leave of absence with pay that are substantially equivalent to the period provided for in subsection (1.21); and

  • (c) providing for employees or classes of employees to earn periods of medical leave of absence with pay other than in accordance with subsection (1.2) if, in the opinion of the Governor in Council, the periods of medical leave of absence with pay are substantially equivalent to the period provided for in subsection (1.21).

• (5) Subsection 7(2) of the Act is amended by adding, after the subsection 239(13) that it enacts, the following:

  • Marginal note:Application of section 189

    (14) Section 189 applies for the purposes of this Division.