Employment Insurance Act and Employment Insurance Fishing Regulations Amendments - Bill C-28
PAST AMENDMENTS TO THE EMPLOYMENT INSURANCE ACT & EMPLOYMENT INSURANCE FISHING REGULATIONS
BILL C- 28
Budget Implementation Act, 2003
[Assented to 19 June, 2003]
An Act to implement certain provisions of the budget tabled in Parliament on February 18, 2003.
Official version published in the Canada Gazette Part III , Vol. 26, No 2, July 25, 2003,Statutes of Canada, 2003, Chapter 15.
PARTIAL SUMMARY
Part 4 amends the Employment Insurance Act and the Employment Insurance (Fishing) Regulations to introduce a new type of special benefits. It amends the Act in order to: provide six weeks of new compassionate benefits for families to share; establish the medical proof required to receive such benefits; establish the period during which such benefits may be paid; provide for one waiting period per family when such benefits are shared; provide for the authority to make new regulations consequential to the introduction of compassionate care benefits; set the annual premium rate for 2004; and make other minor consequential amendments to the Employment Insurance Act and the Employment Insurance (Fishing) Regulations. It also makes related amendments to the Canada Labour Code.
SHORT TITLE
1. This Act may be cited as the Budget Implementation Act, 2003.
The sections of Bill C-28 relating to the Employment Insurance Act and the Employment Insurance (Fishing) Regulations are as follows:
PART 4
EMPLOYMENT INSURANCE
Employment Insurance Act (1996, c. 23)
15. The definition “common-law partner” in subsection 2(1) of the Employment Insurance Act is replaced by the following:
“common-law partner” « conjoint de fait »
“common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;
2000, c. 12, s. 106
16. (1) Section 10 of the Act is amended by adding the following after subsection (5):
Exception
5.1) A claim for benefits referred to in section 23.1 with respect to a family member shall 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 23.1(4) has already been determined with respect to that family member 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.
(2) Subsections 10(13) to (15) of the Act are replaced by the following:
Extension of benefit period - special benefits
(13) If, during a claimant's benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c),
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c).
Extension of benefit period - special benefits
(13.1) If, during a claimant's benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(b), (c) and (d),
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d).
Extension of benefit period - special benefits
(13.2) If, during a claimant's benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d),
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d).
Extension of benefit period - special benefits
(13.3) If, during a claimant's benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d),
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of those paragraphs.
Maximum extension under subsections (10) to (13.3)
(14) Subject to subsection (15), no extension under any of subsections (10) to (13.3) may result in a benefit period of more than 104 weeks.
Maximum extension under subsections (13) to (13.3)
(15) Unless the benefit period is also extended under any of subsections (10) to (12),
(a) no extension under subsection (13) may result in a benefit period of more than 67 weeks;
(b) no extension under subsection (13.1) or (13.2) may result in a benefit period of more than 58 weeks; and
(c) no extension under subsection (13.3) may result in a benefit period of more than 73 weeks.
2002, c. 9, s. 12(4)
17. (1) Subsection 12(3) of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):
(d) because the claimant is providing care or support to one or more family members described in subsection 23.1(2), is six.
(2) Section 12 of the Act is amended by adding the following after subsection (4):
Maximum - compassionate care benefits
(4.1) Even if more than one claim is made, or certificate is issued, in respect of the same family member, the maximum number of weeks of benefits payable under section 23.1 is six weeks during the period of 26 weeks beginning with the first day of the week referred to in paragraph 23.1(4)(a).
Shorter period
(4.2) If a shorter period is prescribed for the purposes of subsection 23.1(5), then that shorter period applies for the purposes of subsection (4.1).
Expiration of shorter period
(4.3) When a shorter period referred to in subsection (4.2) has expired in respect of a family member, no further benefits are payable under section 23.1 in respect of that family member until the minimum prescribed number of weeks has elapsed.
(3) Subsection 12(5) of the Act is replaced by the following:
Combined weeks of benefits
(5) In a claimant's benefit period, the claimant may combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50. If the benefit period
(a) is extended under subsection 10(13), the maximum number of combined weeks is 65;
(b) is extended under subsection 10(13.1) or (13.2), the maximum number of combined weeks is 56; and
(c) is extended under subsection 10(13.3), the maximum number of combined weeks is 71.
2000, c. 14, s. 3(3); 2002, c. 9, s. 13
18. Subsections 23(3.2) and (3.3) of the Act are replaced by the following:
Extension of period - special benefits
(3.2) If, during a claimant's benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and
(c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),
the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.
Extension of period - special benefits
(3.21) If, during a claimant's benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and
(c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),
the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.
Extension of period - special benefits
(3.22) If, during a claimant's benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraph 12(3)(b),
the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.
Extension of period - special benefits
(3.23) If, during a claimant's benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and
(c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),
the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.
Limitation
(3.3) No extension under any of the following provisions may result in the period referred to in subsection (2) being longer than the specified number of weeks:
(a) for an extension under subsection (3.2), 67 weeks;
(b) for an extension under subsection (3.21) or (3.22), 58 weeks; and
Limitation
(3.4) No extension under any of subsections 10(10) to (13.3) may result in the period referred to in subsection (2) being longer than 104 weeks.
2002, c. 9, s. 14
19. The Act is amended by adding the following after section 23:
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.
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.
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.
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 expiration of 26 weeks following the first day of the week referred to in paragraph (a).
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).
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.
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 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 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 meets the prescribed requirements.
Division of weeks of benefits
(8) If more than one claimant makes a claim for benefits under this section in respect of the same family member, any remaining weeks of benefits payable under this section may be divided in the manner agreed to by those claimants.
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.
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.
20. (1) Section 54 of the Act is amended by adding the following after paragraph (c.1):
(c.2) setting out circumstances for the purposes of paragraphs 10(5.1)(c) and 23.1(6)(c);
(2) Section 54 of the Act is amended by adding the following before paragraph (g):
(f.2) prescribing classes of persons for the purposes of paragraph 23.1(1)(d);
(f.3) defining and determining what is care or support for the purposes of paragraph 23.1(2)(b);
(f.4) prescribing classes of medical practitioners for the purposes of subsection 23.1(3) and setting out the circumstances in which a certificate may be issued by them under subsection 23.1(2);
(f.5) prescribing a shorter period for the purposes of subsection 23.1(5) and prescribing a minimum number of weeks in relation to that shorter period for the purposes of subsection 12(4.3);
(f.6) prescribing requirements for the purposes of paragraph 23.1(7)(c);
(f.7) prescribing rules for the purposes of subsection 23.1(9);
21. Section 67 of the Act is replaced by the following:
Premium rate for 2004
66.2 Notwithstanding section 66, the premium rate for the year 2004 is 1.98%.
Employee's premium
67. Subject to section 70, a person employed in insurable employment shall pay, by deduction as provided in subsection 82(1), a premium equal to their insurable earnings multiplied by the premium rate set under section 66, 66.1 or 66.2, as the case may be.
2001, c. 5, s. 10
22. (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 or compassionate care under a plan that covers insured persons employed by the employer, other than one established under 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:
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 when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a provincial law to insured persons would have the effect of reducing or eliminating the special benefits payable to those insured persons.
(3) Section 69 of the Act is amended by adding the following after subsection (5):
Definition
(6) The reference to the payment of allowances, money or other benefits because of compassionate care 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 23.1.
Employment Insurance (Fishing) Regulations
(SOR/96-445)
23. (1) Subsection 8(11.1) of the Employment Insurance (Fishing) Regulations is replaced by the following:
(11.1) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), the benefit period of a fisher shall be extended by one week for each week in respect of which the fisher is entitled to special benefits under section 21, 22, 23 or 23.1 of the Act, but shall not exceed a maximum of 52 weeks.
SOR/2001-74
(2) Subsections 8(11.3) to (11.5) of the Regulations are replaced by the following:
(11.3) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher's benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c) of the Act.
(11.31) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher's benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for those reasons,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d) of the Act.
(11.32) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher's benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d) of the Act.
(11.33) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher's benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of all of the reasons mentioned in subsection 12(3) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d) of the Act,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each those paragraphs.
(11.4) Subject to subsection (11.5), no extension under any of subsections (11.1) to (11.33) may result in a benefit period of more than 104 weeks.
(11.5) Unless a benefit period is also extended under subsection (11.1) or (11.2), no extension under subsections (11.3) to (11.33) may result in a benefit period of more than
(a) in the case of an extension under subsection (11.3), 67 weeks;
(b) in the case of an extension under subsection (11.31) or (11.32), 58 weeks; and
(c) in the case of an extension under subsection (11.33), 73 weeks
2002, c. 9, s. 16(1)
(3) Subsection 8(14) of the Regulations is replaced by the following:
(14) No benefit period established under subsection (1) or (6) shall be extended beyond the date determined in accordance with any of subsections (11) to (11.33).
2002, c. 9, s. 16(2)
(4) Subsection 8(17.1) of the Regulations is replaced by the following:
(17.1) For the purpose of subsection (17), the reference in subsection 12(5) of the Act to
(a) subsection 10(13) of the Act is to be read as a reference to subsection (11.3) of this section;
(b) subsection 10(13.1) of the Act is to be read as a reference to subsection (11.31) of this section;
(c) subsection 10(13.2) of the Act is to be read as a reference to subsection (11.32) of this section; and
(d) subsection 10(13.3) of the Act is to be read as a reference to subsection (11.33) of this section.
2002, c. 9, s. 16(3)
24. (1) Subsection 12(3) of the Regulations is replaced by the following:
(3) Subject to subsection (4), sections 22 to 23.1 of the Act apply to the payment of special benefits under this section.
(2) Paragraph 12(4)(b) of the Regulations is replaced by the following:
(b) entitled to benefits under section 22, 23 or 23.1 of the Act.
Transitional Provisions
25. (1) Sections 15 to 20 and 22 apply to a claimant for any benefit period
(a) that begins on or after January 4, 2004; or
(b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date.
(2) Sections 23 and 24 apply to a fisher for any benefit period
(a) that begins on or after January 4, 2004; or
b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date.
Related Amendments
Canada Labour Code R.S., c. L-2
26. The heading “REASSIGNMENT, MATERNITY LEAVE AND PARENTAL LEAVE” immediately after the heading “Division VII” in Part III of the Canada Labour Code is replaced by the following:
REASSIGNMENT, MATERNITY LEAVE, PARENTAL LEAVE
AND COMPASSIONATE CARE LEAVE
27. The Act is amended by adding the following after section 206.2:
Compassionate Care Leave
206.3 (1) The following definitions apply in this section.
Definitions
“common-law partner” « conjoint de fait »
“common-law partner” in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.
“family member” « membre de la famille »
“family member”, in relation to an employee, means
(a) a spouse or common-law partner of the employee;
(b) a child of the employee or a child of the employee's spouse or common-law partner;
(c) a parent of the employee 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 or the definition ``family member” in subsection 23.1(1) of the Employment Insurance Act.
“ qualified medical practitioner”« médecin qualifié »
“qualified medical practitioner”means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of the family member is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3) of the Employment Insurance Act.
“week”« semaine »
“week”means the period between midnight on Saturday and midnight on the immediately following Saturday.
Entitlement to leave
(2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to eight weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from
(a) the day the certificate is issued; or
(b) if the leave was commenced before the certificate was issued, the day the leave was commenced.
Period when leave may be taken
(3) The leave of absence may only be taken during the period
(a) that starts with
(i) the first day of the week in which the certificate is issued, or
(ii) if the leave was commenced before the certificate was issued, the first day of the week in which the leave was commenced if the certificate is valid from any day in that week; and
(b) that ends with the last day of the week in which either of the following occurs, namely,
(i) the family member dies, or
(ii) the expiration of 26 weeks following the first day of the week referred to in paragraph (a).
Shorter period
(4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) of the Employment Insurance Act,
(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 shorter period applies for the purposes of subparagraph (3)(b)(ii).
Expiration of shorter period
(5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) of the Employment Insurance Act has elapsed.
Minimum period of leave
(6) A leave of absence under this section may only be taken in periods of not less than one week's duration.
Aggregate leave - more than one employee
(7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed eight weeks in the period referred to in subsection (3).
Copy of certificate
(8) If requested in writing by the employer within 15 days after an employee's return to work, the employee must provide the employer with a copy of the certificate referred to in subsection (2).
28. Section 209.3 of the Act is renumbered as subsection 209.3(1) and is amended by adding the following:
Prohibition - compassionate care leave
(2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under section 206.3.
29. Section 209.4 of the Act is amended by adding the following after paragraph (a):
(a.1) prescribing classes of persons for the purposes of paragraph (d) of the definition “family member” in subsection 206.3(1);
Coming into force
30. (1) Subject to subsection (2), the provisions of this Part, other than sections 21, 23 and 24, come into force on a day to be fixed by order of the Governor in Council.
Coming into force
(2) Despite section 153 of the Employment Insurance Act, sections 23 and 24 come into force on a day to be fixed by order of the Governor in Council.
EXPLANATORY NOTE
(This note is not part of the Bill)
Section 21 came into force on June 19, 2003.
Sections 15 to 20 and 22 to 29 come into force on January 4, 2004. (SI /2003-185)