Employment Insurance Regulations - Amendments

1. Subsection 14(2) of the Employment Insurance Regulations ¹ is replaced by the following:

(2) An interruption of earnings from an employment occurs in respect of an insured person at the beginning of a week in which a reduction in earnings that is more than 40 per cent of the insured person’s normal weekly earnings occurs because the insured person ceases to work in that employment by reason of illness, injury, quarantine, pregnancy, the need to care for a child or children referred to in subsection 23(1) of the Act or the need to provide care or support to a family member referred to in subsection 23.1(2) of the Act.

2. (1) Paragraph (a) of the definition "period of eligibility" in subsection 26.1(1) of the Regulations is amended by striking out "or" at end of subparagraph (i), replacing the word "and" at the end of subparagraph (ii) with the word "or" and by adding the following after subparagraph (ii):

(iii) the aggregate of the period referred to in subsection 23.1(4) of the Act and the waiting period referred to in section 13 of the Act, unless the waiting period has already been taken into account for the purposes of subparagraphs (i) or (ii); and

(2) Subparagraph 26.1(2)(c)(i) of the Regulations is replaced by the following:

(i) for a reason referred to in paragraph 12(3)(a), (b) or (d) of the Act, or

(3) Subparagraph 26.1(2)(d)(i) of the Regulations is replaced by the following:

(i) to the best of the claimant's knowledge at the time of completing the form, there are no conditions of entitlement to benefits that will not be fully met for each week in the period of eligibility, except in respect of earnings that may be deducted pursuant to section 19, 22, 23 or 23.1 of the Act during that period,

(4) Subparagraph 26.1(2)(d)(iii) of the Regulations is replaced by the following:

(iii) the claimant will notify the Commission at the end of the period of eligibility whether or not they have met the conditions of entitlement to benefits for each week in the period of eligibility and whether or not they have declared all earnings that could be deducted pursuant to section 19, 22, 23 or 23.1 of the Act during that period.

3. The portion of subsection 33(2) of the Regulations before paragraph (a) is replaced by the following:

(2) A claimant who was employed in teaching for any part of the claimant's qualifying period is not entitled to receive benefits, other than those payable under section 22, 23 or 23.1 of the Act, for any week of unemployment that falls in any non-teaching period of the claimant unless

4. Paragraph 35(2)(c) of the Regulations is amended by striking out the word "or" at the end of subparagraph (ii), by adding the word "or" at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

(iv) a leave plan providing payment in respect of the care or support of a family member referred to in subsection 23.1(2) of the Act;

5. Subsection 36(12) of the Regulations is amended by striking out the word "and" at the end of paragraph (c), by adding the word "and" at the end of paragraph (d) and by adding the following after paragraph (d):

(e) payments in respect of the care or support of a family member referred to in subsection 23.1(2) of the Act.

6. The heading before section 38 of the Regulations is replaced by the following:

Maternity Leave, Leave for the Care of a Child and
Compassionate Care Leave Plans

7. The portion of section 38 of the Regulations before paragraph (a) is replaced by the following:

38. The following portion of any payments that are paid because of pregnancy, for the care of a child or children referred to in subsection 23(1) of the Act, or for the care or support of a family member referred to in subsection 23.1(2) of the Act, or because of any combination of those reasons is excluded as earnings for the purposes of section 35, namely, the portion that

8. (1) Paragraph 39(3)(a) of the Regulations is replaced by the following:

(a) under a wage-loss indemnity plan by reason of illness, injury, quarantine, pregnancy, the care of a child or children referred to in subsection 23(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) of the Act, or under a workers' compensation plan; or

(2) Paragraph 39(3)(b) of the Regulations is replaced by the following:

(b) by an employer in respect of sick leave, maternity leave or adoption leave, leave for the care of a child or children referred to in subsection 23(1) of the Act or leave for the care or support of a family member referred to in subsection 23.1(2) of the Act.

9. The Regulations are amended by adding the following after section 41:

Compassionate Care Benefits

Care and Support Defined for Compassionate Care Benefits

41.1 A claimant is providing care or support to a family member when they:

(a) directly provide or participate in providing care to the family member.
(b) provide psychological or emotional support to the family member; or
(c) arrange for the care of the family member by a third party care provider.

Certificate Issued by a Medical Practitioner

41.2 For the purpose of subsection 23.1(3) of the Act, the medical certificate under subsection 23.1(2) of the Act may be issued by the following persons:

(a) if the family member in need of care or support is in a geographic location in Canada where treatment by a medical doctor is not readily available, a medical practitioner designated by a medical doctor to provide treatment to the family member;
(b) if the family member in need of care or support is outside Canada, a medical doctor who is recognized by the appropriate government authority and has qualifications that are substantially similar to those of a medical doctor in Canada or, if the family member in need of care or support is in a geographic location outside Canada where treatment by a medical doctor is not readily available, a medical practitioner designated by that medical doctor to provide treatment to the family member.

Division of Compassionate Care Benefits

41.3 For the purpose of subsection 23.1(9) of the Act, the remaining weeks of unpaid benefits shall be divided as follows:

(a) if the number of weeks of unpaid benefits equals the number of eligible claimants, each eligible claimant will be paid a week of benefits;
(b) if the number of weeks of unpaid benefits is more than the number of eligible claimants, a week of benefits will be paid to eligible claimants in turn starting with the first family member to make a claim until all the weeks have been exhausted; or
(c) if the number of weeks of unpaid benefits is less than the number of eligible claimants, a week of benefits will be paid to eligible claimants in turn starting with the first family member to make a claim until all the weeks have been exhausted.

10. (1) Subsection 55(4) of the Regulations is replaced by the following:

(4) A claimant is not disentitled from receiving benefits in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act, the care or support of a family member referred to in subsection 23.1(2) of the Act or while attending a course or program of instruction or training referred to in paragraph 25(1)(a) of the Act, for the sole reason that the claimant is not in Canada.

(2) Paragraph 55(5)(a) of the Regulations is replaced by the following:

(a) the benefits are in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) of the Act;

(3) Subsection 55(10) of the Regulations is replaced by the following:

(10) In a claimant's benefit period, a claimant who is not in Canada or a claimant referred to in subsection (8), subject to the applicable maximums set out in paragraphs (7)(a) and (b), may combine the weeks of benefits to which the claimant is entitled, but the total number of weeks of benefits shall not exceed 50. If the benefit period:

(a) is extended under subsection 10(13) of the Act, the maximum number of combined weeks is 65;
(b) is extended under subsection 10(13.1) or (13.2) of the Act, the maximum number of combined weeks is 56; and
(c) is extended under subsection 10(13.3) of the Act, the maximum number of combined weeks is 71.

11. Subparagraph 63(g)(vii) of the Regulations is replaced by the following:

(vii) who is in receipt of benefits under section 22, 23 or 23.1 of the Act,

12. (1) Paragraph 65(b) of the Regulations is replaced by the following:

(b) the plan must credit an insured person covered by the plan, after the completion of the period referred to in subparagraph 63(a)(i) or after the accumulation of the number of hours referred to in subparagraph 63(a)(ii), with one or more days of paid sick leave for each subsequent full month of active employment, of which at least one day per month is available only for the insured person's illness or injury, while the insured person remains at home because of pregnancy or to care for a child or children referred to in subsection 23(1) of the Act or while the insured person is providing care or support to a family member referred to in subsection 23.1(2) of the Act;

(2) Subparagraph 65(c)(iii) of the Regulations is replaced by the following:

(iii) allow the insured person to use paid sick leave while remaining at home because of pregnancy or to care for a child or children referred to in subsection 23(1) of the Act or while providing care or support to a family member referred to in subsection 23.1(2) of the Act;

(3) Paragraph 65(e) of the Regulations is replaced by the following:

(e) the days of paid sick leave available only in respect of the insured person's illness or injury, or while the insured person remains at home because of pregnancy or to care for a child or children referred to in subsection 23(1) of the Act or while the insured person provides care or support to a family member referred to in subsection 23.1(2) of the Act, that are not used for those purposes must be accumulated at the rate prescribed in paragraphs (b) and (c), and the maximum number of days of paid sick leave that may be so accumulated is not less than 75 working days; and

13. (1) Paragraph 66(b) of the Regulations is replaced by the following:

(b) the plan must credit an insured person covered by the plan, after the completion of the period referred to in subparagraph 63(a)(i) or after the accumulation of the number of hours referred to in subparagraph 63(a)(ii), with one and two thirds or more days of paid sick leave for each subsequent full month of active employment, of which at least one and two thirds days per month are available only for the insured person's illness or injury, while the insured person remains at home because of pregnancy or to care for a child or children referred to in subsection 23(1) of the Act or while the insured person is providing care or support to a family member referred to in subsection 23.1(2) of the Act;

(2) Paragraph 66(d) of the Regulations is replaced by the following:

(d) the days of paid sick leave available only in respect of the insured person's illness or injury, while the insured person remains at home because of pregnancy or to care for a child or children referred to in subsection 23(1) of the Act, or while the insured person is providing care or support to a family member referred to in subsection 23.1 (2) of the Act, that are not used for those purposes, must be accumulated at the rate prescribed in paragraphs (b) and (c), and the maximum number of days of paid sick leave that may be so accumulated is not less than 125 working days; and

14. (1) Subsection 93(3) of the Regulations is replaced by the following:

(3) Subject to subsection (4), sections 22, 23 and 23.1 of the Act apply to the payment of special benefits under this section.

(2) Paragraph 93(4)(b) of the Regulations is replaced by the following:

(b) entitled to benefits under section 22, 23 or 23.1 of the Act.

15. These Regulations come into force on January 4, 2004.

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¹SOR/96-332