Special Benefits / Maternity

Questions to Answer
NOTE: Maternity and parental benefits for Quebec residents will be delivered by the Province of Quebec through the Quebec Parental Insurance Plan effective January 01, 2006, subject to transitional arrangements. The EI Board of Referees has no jurisdiction to rule on QPIP entitlement. major attached? proof of pregnancy? within the maternity window? special benefits already paid? weeks of maternity benefit remaining?
References
Act: sections 12, 22; related subsection 6(1), section 13. Regulations: section 41 Legislation in relation to EI/QPIP entitlement: subsection 23(3.5) and section 153.2 of the Act and subsections 69(2) and (3), section 76 of the Regulations
Legal test
major attached (600 hours): subsections 6(1) and 22(1) of the Act. proof of pregnancy: subsection 22(1) of the Act, section 41 of the Regulations "maternity window": subsection 22(2) of the Act. begins the earlier of: 8 weeks prior to week of Expected Date of Confinement (EDC), or week of Actual Date of Confinement (ADC) ends 17 weeks after the later of: week of EDC or week of ADC maximum weeks payable (15 weeks): section 12 of the Act.
Onus of proof
*Claimant* must prove entitlement to maternity benefits: section 22
Key Case Law
BOURDON A-558-95: Major attachment requirement LESIUK A-281-01(leave to appeal dismissed by Supreme Court [29642]) sections 6 and 7 of the Act do not contravene the Charter of Rights, BLISS A-121-77: Validity of maternity provisions SCHAFER SHUB Ontario Court of Appeal Number C-25044: Provision for 15 weeks maternity benefits does not contravene the Charter. KROCK A-284-99: Allocation of severance monies preventing the payment of maternity benefits is not discrimination under section 15 of the Charter.