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Vol. 137, No. 39 — September 27, 2003 Agricultural Product Priority Claim (Banks) RegulationsStatutory Authority Bank Act Sponsoring Department Department of Finance REGULATORY IMPACT Description The purpose of the Regulations is to clarify the use of an agricultural price index in determining priority claims for agricultural producers. Section 427 of the Bank Act authorises banks to accept resource products, including agricultural products, as security for loans. In the event that a business to which a bank has lent money under this section goes bankrupt and the bank uses its authority under this section to seize or dispose of those products, subsection 427(7) gives priority to claims of employees first, followed by claims of agricultural producers up to a certain amount, followed by the bank holding the security. Paragraph 427(7)(b) determines the total amount of priority claims of agricultural producers as the lesser of either (i) the total amount of the claims, or (ii) an amount determined by multiplying $1,100 by the most recent annual average of the Index Number of Farm Prices of Agricultural Products for Canada (the Index). Thus, paragraph 427(7)(b) sets the upper bound of priority claims for agricultural producers as the lesser of either (i) the total amount of claims, or (ii) an amount calculated using the Index. Public release of the Index was discontinued in March 1996 when Statistics Canada concluded that the weights used for calculating the Index (based on 1981-84 farm cash receipts) no longer reflected actual production in the agricultural sector, and there were insufficient resources at the time to update the weights. Consequently, subparagraph 427(7)(b)(ii) was amended in 1997 to replace the formula for calculating an agricultural producer's priority claim with the words "the prescribed amount" which was to be specified in regulation. Specifying the priority claim in regulation allows for greater flexibility in dealing with future changes as required. Subsection 427(8), which sets out requirements related to the process of reindexing the Index, was also repealed in 1997. However, these 1997 amendments were never proclaimed into force, since no alternative means for calculating priority claims had been determined. On April 25, 2001, the Agricultural Division of Statistics Canada, the group responsible for the Index, began publishing it again, albeit using a new base year and with a new name — the Farm Product Price Index (FPPI), having resolved the outdated weights problem. As such, it is once again possible to use the Index in the calculation of 427(7)(b)(ii). Nonetheless, the Government proposes to proceed with the 1997 amendments and proposes that the following regulations be brought into force to provide a means for calculating "the prescribed amount" under 427(7)(b)(ii). Although they adopt the existing method for calculating priority claims under 427(7)(b)(ii), the proposed regulations provide some improvements. They: — Change the index reference to the new name, the Farm Product Price Index, to avoid confusion; — Clarify the calculation by presenting the mathematics in a more straightforward fashion; and, — Simplify the calculation by updating the multiplier for users, accounting for past changes in the base year of the Index. When the Regulations are promulgated, we will also bring the 1997 amendments into force. Alternatives Two options were considered. The first was to introduce the Regulations. The second option was to leave the situation as is and do nothing. The legislation as it currently exists still functions. However, it was decided that significant changes had occurred to the agricultural prices Index and that leaving the situation as is would likely result in confusion. Benefits and Costs There should be neither increased compliance costs nor other negative impacts. Stakeholders will benefit from the clarifications provided in the proposed Regulations. Consultation Reflecting the discontinuation of the index in March 1996, the banking industry wrote in December 2000 to suggest that the Government adopt the Bank of Nova Scotia's (BNS) Agricultural Index as a replacement in calculating priority claims for agricultural producers. However, given that Statistics Canada began republishing the data in April 2001, such a change was no longer needed. The Government informed the banking industry of the availability of the Statistics Canada Index and advised that regulations would be drafted to update the Index name and multiplier and to clarify the calculation. To this end, the proposed Regulations were prepared in March 2002, and consultations have taken place with both the Canadian banking and agricultural industries from that time until May 2002. No significant issues were raised. Compliance and Enforcement There is no formal compliance or enforcement mechanism. The provisions relate to contractual relationships where disputes are generally resolved through the courts. Contact James Wu, Senior Project Leader, Competition Issues and Transactions, Financial Sector Policy Branch, Department of Finance, L'Esplanade Laurier, East Tower, 15th Floor, 140 O'Connor Street, Ottawa, Ontario K1A 0G5, (613) 995-9080 (Telephone), (613) 943-1334 (Facsimile). PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to subparagraph 427(7)(b)(ii) (see footnote a) and section 978 (see footnote b) of the Bank Act (see footnote c) , propose to make the annexed Agricultural Product Priority Claim (Banks) Regulations. Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of this notice and be addressed to James Wu, Financial Sector Policy Branch, Department of Finance, L'Esplanade Laurier, 15th floor, East Tower, 140 O'Connor Street, Ottawa, Ontario K1A 0G5. Ottawa, September 18, 2003
EILEEN BOYD
AGRICULTURAL PRODUCT PRIORITY CLAIM (BANKS) REGULATIONS PRESCRIBED AMOUNT 1. For the purpose of subparagraph 427(7)(b)(ii) of the Bank Act, the prescribed amount is the amount determined by the formula A × B where A is the value of the most recent annual Farm Product Price Index for Canada (the "annual Index") published by Statistics Canada at the time the receiving order or claim is made; and B is equal to
(b) for each adjustment or re-establishment of the annual Index on a revised base after April 25, 2001, the amount, rounded up to the nearest dollar, determined by the formula C × D/E where C is, for the first adjustment or re-establishment, $1,322, and for each subsequent adjustment or re-establishment, the value that was determined for B for the previous adjustment or re-establishment D is the value of the most recent annual Index immediately before the adjustment or re-establishment and E is the value of the most recent annual Index immediately following the adjustment or re-establishment. COMING INTO FORCE 2. These Regulations come into force on the day on which section 47 of An Act to amend certain laws relating to financial institutions, assented to on April 25, 1997, being chapter 15 of the Statutes of Canada, 1997, comes into force. [39-1-o] Regulations Amending the Employment Insurance RegulationsStatutory Authority Employment Insurance Act Sponsoring Department and Sponsoring Agency Department of Human Resources Development and Canada Employment Insurance Commission REGULATORY IMPACT Description The Budget Implementation Act, 2003 (Bill C-28) introduces changes to the Employment Insurance (EI) Act that will come into force from January 4, 2004. These changes introduce a new type of special EI benefits, Compassionate Care Benefits. Up to six weeks of Compassionate Care Benefits will be available to be shared among eligible family members to provide compassionate care for a gravely ill or dying child, parent, spouse or common-law partner. They will be available to EI claimants who are providing care or support to a family member due to the serious medical condition of the family member who has a significant risk of death within 26 weeks (6 months). Access to this new EI special benefit will be based on the rules for existing EI special benefits (sickness, maternity, parental). A claimant will require 600 hours of insurable employment to qualify for up to six weeks of compassionate care benefits. Claimants could be paid benefits in regards to one of the following gravely ill family members: a spouse or common-law partner; a parent; a spouse or common-law partner of a parent; a child; or a child of the spouse or common-law partner. Claimants must prove that they are providing care or support to the family member in order to receive compassionate care benefits. They would need to obtain a medical certificate from the family member's doctor indicating that the family member has a serious medical condition with a significant risk of death within 26 weeks (six months). The 26-week window will start from the week in which the medical certificate completed by the doctor attests to the need for one or more family members to provide care or support to the gravely ill family member. Flexibility is a key feature of the new benefits and claimants would have flexibility in how and when benefits may be claimed within the 26-week window. Eligible family members could decide to have one person claim all six weeks or decide to share the benefit. Weeks of compassionate benefits could be claimed concurrently or consecutively by eligible family members. A waiting period applies for the new compassionate care benefit. However, when benefits are shared by eligible family members, the waiting period may be deferred for all but one family member. To complement the amendments to the EI Act, there will be consequential amendments to the Employment Insurance (EI) Regulations. More specifically, amendments are required to EI Regulations 14, 26.1, 33, 35, 36, 37, 38, 39, 55, 63, 65, 66 and 93. There are also new regulations consequential to the legislative changes (new sections 41.1 to 41.3). All these regulatory amendments are to become effective from January 4, 2004 (at the same time as the EI Act changes related to Compassionate Care Benefits). Subsection 14(2) This regulation sets out when an interruption of earnings occurs in order to establish a claim for EI benefits. Subsection 14(2) deals more specifically with when such an interruption of earnings occurs for EI special benefits and states that, for special benefits, an interruption occurs when earnings in a week are reduced by more that 40 percent of an insured person's normal weekly insured earnings. Since compassionate care benefits are a new type of special benefits, a reference to these new benefits has been added to this subsection. Section 26.1 Claimants are generally required to make bi-weekly claims for EI benefits but section 26.1 sets out when making such bi-weekly claims is not required. More specifically, paragraph 26.1(2)(a) exempts claimants from making bi-weekly claims when they are claiming maternity and parental benefits. The amendments to subsections 26.1(1) and 26.1(2) will also exempt those claiming compassionate care benefits from the requirement to make bi-weekly claims. Subsection 33(2) Regulation 33 sets out special conditions for teachers to ensure that they are not double-compensated by a school board and EI benefits during non-teaching periods. Subsection 33(2) permits the payment of EI maternity and parental benefits to teachers during non-teaching periods, as this is consistent with the reasons that maternity and parental benefits are paid. This amendment adds compassionate care benefits to the type of special benefits payable during non-teaching periods. The reasons for the payment of compassionate care benefits are comparable to the reasons for paying maternity and parental benefits during non-teaching periods. Paragraph 35(2)(c) Regulation 35 sets out the types of money that is considered earnings for EI benefits purposes. Paragraph 35(2)(c) allows claimants to establish an interruption of earnings even if they receive payments from sickness, maternity or parental leave plans through the employer. The amendment ensures that payments from an employer's compassionate care leave plan will be treated in the same way as payments from sickness, maternity or parental leave plans. Subsection 36(12) Regulation 36 sets out how money is to be allocated once it has been determined to earnings for benefit purposes (Regulation 35). Subsection 36(12) sets out the rules for allocating payments received by claimants from sickness, maternity or parental leave plans. This amendment ensures that payments received from a plan related to compassionate care leave are allocated in the same way as payments received from sickness, maternity and parental leave plans. Paragraph 37(2)(b) This regulation sets out the types of payments that are considered as part of a Supplemental Unemployment Benefit (SUB) Plan established by an employer. Such SUB payments are not deducted from EI benefits. Paragraph 37(2)(b) specifies that the SUB plans may include payments related to existing types of special benefits (maternity, sickness and parental). The amendment would allow employers to include SUB payments related to compassionate care benefits in a plan and would ensure that such payments would not be deducted from EI benefits payable to a claimant. Section 38 This regulation sets out the rules for the allocation of payments by an employer from maternity and parental plans that are not formal SUB plans, but are substantially similar to SUB plans as described in regulation 37. Such payments are not earnings for EI benefit purposes. The amendment would allow employers to establish plans related to compassionate care leave in conjunction with such existing maternity and parental leave plans. Subsection 39(3) This regulation sets out the rules for allocating earnings during a claimant's waiting period. Earnings from wage-loss indemnity plans related to sickness, maternity and parental leave are not considered as earnings when paid during the waiting period. The amendment would ensure that payments under a wage-loss indemnity plan related to compassionate care leave would also not be considered as earnings during the waiting period. Section 41.1 This new section of the regulations is consequential to the provisions in Bill C-28. The new paragraph 23.1(2)(b) of the EI Act requires that a medical certificate include an attestation that "the family member requires the care or support of one or more other family members" (italics added for emphasis). This new regulation defines the meaning of care or support of a family member for purposes of the payment of compassionate care benefits. Section 41.2 This section sets out the nature of the medical proof that a claimant must provide from a medical doctor or a medical practitioner to establish that a family member is seriously ill and has a significant risk of death in the next 26 weeks. It specifies when medical proof can be provided by a medical practitioner, other than a medical doctor, in Canada. It also specifies when a medical doctor or other medical practitioner outside Canada can provide medical proof concerning the seriously ill family member. Section 41.3 This section sets out the rules for dividing weeks of benefits among family members when they cannot all agree on how such benefits should be shared. In such cases, the division will be made to provide each eligible family member with as near an equal share of benefits as is possible. Section 55 This section sets out the rules for the payment of benefits to claimants who are outside Canada. The amendments ensure that claimants claiming compassionate care benefits out of Canada will be treated in the same way as those claiming maternity or parental benefits outside Canada. Also, the conditions under which a benefit period will be extended for a person outside Canada are being amended to match the reasons that apply to persons who may be paid compassionate care benefits in Canada. Subparagraph 63(g)(vii) This section sets out the standards that apply to weekly indemnity plans. The amendment is to ensure that the exclusion under such plans that is permitted now for maternity and parental benefits would apply as well to compassionate care benefits. Paragraph 65(b), subparagraph 65(c)(iii) and paragraph 65(e) Section 65 sets out the requirements that must be met for a plan to be regarded as a cumulative paid sick leave plan for purposes of the EI Act and regulations. Paragraph 65(b) requires that a plan must credit an insured person with leave credits. As compassionate care benefits are special benefits, they are being added to the other types of special benefits referred to in this paragraph. Paragraph 65(c) sets out the rules on how paid sick leave credits may be used under a plan. As compassionate care benefits are special benefits, they are being added to the other types of special benefits referred to in subparagraph (c)(iii). Paragraph 65(e) refers to the accumulation of sick leave credits when payments are made from a paid sick leave plan in relation to sickness, maternity or parental leave (special benefits). As compassionate care benefits are special benefits, they are being added to the other types of benefits referred to in this paragraph. Section 66 This section sets out the requirement that must be met for a plan to be regarded as an enhanced cumulative paid sick leave plan for purposes of the EI Act and regulations. Paragraphs (b) and (d) refer to the accumulation of sick leave credits when payments are made from a paid sick leave plan in relation to sickness, maternity or parental leave (special benefits). As compassionate care benefits are special benefits, they are being added to the other types of benefits referred to in this paragraph. Section 93 This section sets out the entrance requirements for new entrants and re-entrants to the labor force when they are claiming special benefits. Subsections 93(3) and paragraph 93(4)(b) refer to sections 22 (maternity benefits) and 23 (parental benefits) of the EI Act. The amendment is to add a reference to the new section 23.1 (compassionate care benefits) of the EI Act so that these three types of special benefits are treated in the same way. Alternatives No other alternatives were considered, as these changes are consequential to the introduction of compassionate care benefits to the existing types of benefits under the EI Act. Benefits and Costs The regulatory amendments will ensure that claimants claiming compassionate care benefits in Canada or outside Canada and those who are new entrants or re-entrants to the labour force will benefit from the changes to the EI Act. There are no costs arising from these regulatory amendments apart from the overall costs of the legislative changes. Consultation Considerable consultation and research were done in the development of these new benefits. The Kirby Report on health care, prepared after wide public consultation, recommended that the government provide for a period of six weeks for employed Canadians to take time off work to provide palliative home care to a dying relative. The Romanow Commission, also after extensive public consultation, recommended that the government provide direct support to informal caregivers to assist in the care of family members during critical times. According to a 2002 Ipsos-Reid survey, approximately 81 percent of Canadians support a program to provide such support. In addition, according to a Compas Survey, some 60 percent of senior business executives support government-provided income support for compassionate care (Attitudes of Senior Corporate Executives Towards Palliative Care Issues, July 2002). During the development of the new compassionate care benefits, there was also consultation by HRDC with a variety of stakeholders, who all supported the principle of government-sponsored compassionate care benefits. These stakeholders included representatives of the medical community, employer groups, groups with expertise in the area of work-like balance, academic groups and labour groups. All consultations, surveys and groups consulted recognize that the need for government action in this area is real and growing for Canadians who must take time off work to care for seriously ill or dying family members. Introducing compassionate care benefits under the EI program is a significant part of the government's strategy to address the identified need of Canadians. Compliance and Enforcement There will be an analysis of the new compassionate care benefits as part of the yearly HRDC Monitoring and Assessment Report. Contact Jim Little, Senior Policy Advisor, Policy and Legislation Development, Insurance Branch, Human Resources Development Canada, 9th Floor, 140 Promenade du Portage, Gatineau, Quebec K1A 0J9, (819) 997-8628 (Telephone), (819) 953-9381 (Facsimile). PROPOSED REGULATORY TEXT Notice is hereby given that the Canada Employment Insurance Commission, pursuant to sections 37, 54 (see footnote d) , 69 (see footnote e) and 153.1 (see footnote f) of the Employment Insurance Act (see footnote g) , proposes, to make the annexed Regulations Amending the Employment Insurance Regulations. Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jim Little, Policy and Legislation Development, Insurance Branch, Human Resources Development Canada, 9th Floor, 140 Promenade du Portage, Gatineau, Quebec K1A 0J9. Ottawa, September 25, 2003
EILEEN BOYD
REGULATIONS AMENDING THE EMPLOYMENT INSURANCE REGULATIONS AMENDMENTS 1. Subsection 14(2) of the Employment Insurance Regulations (see footnote 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):
(2) Subparagraph 26.1(2)(c)(i) of the Regulations is replaced by the following:
(3) Subparagraph 26.1(2)(d)(i) of the Regulations is replaced by the following:
(4) Subparagraph 26.1(2)(d)(iii) of the Regulations is replaced by the following:
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):
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. Paragraph 37(2)(b) of the Regulations is replaced by the following: (b) covers any period of unemployment by reason of a temporary stoppage of work, training, illness, injury, quarantine, the need to provide care or support to a family member referred to in subsection 23.1(2) of the Act, or any combination of those reasons 7. 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 8. 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 9. (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. 10. 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 recognised 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. 11. (1) Subsection 55(4) of the Regulations are 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. 12. Subparagraph 63(g)(vii) of the Regulations is replaced by the following:
13. (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 14. (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 15. (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. COMING INTO FORCE 16. These Regulations come into force on January 4, 2004. [39-1-o] S.C. 1997, c. 15, s. 47(1) S.C.l 2001, c. 9, s. 183 S.C. 1991, c. 46 S.C. 2003, c. 15, s. 20 S.C. 2003, c. 15, s. 22 S.C. 2000, c. 14, s. 6 S.C. 1996, c. 23 SOR/96-332 |
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