Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

• 231 (1) Paragraph 12(3)(b) of the Act is replaced by the following:

  • (b) because the claimant is caring for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption is, in accordance with the election under section 23,

    • (i) 35, or

    • (ii) 61;

• (2) Subsection 12(3) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

  • (f) because the claimant is providing care or support to one or more critically ill adults described in subsection 23.3(1) is 15.

• (3) Paragraph 12(4)(b) of the Act is replaced by the following:

  • (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is, in accordance with the election under section 23, 35 or 61.

• (4) Subsection 12(4.01) of the Act is replaced by the following:

  • Marginal note:Maximum — parental benefits

    (4.01) If a claim is made under this Part in respect of a child or children referred to in paragraph (4)(b) and a claim is made under section 152.05 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is, in accordance with the election under section 23, 35 or 61.

• (5) Subsection 12(4.5) of the Act is replaced by the following:

  • Marginal note:Maximum — critically ill adult

    (4.5) Even if more than one claim is made under this Act, at least one of which is made under section 23.3 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.3 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 15 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.3(3)(a).

• (6) Section 12 of the Act is amended by adding the following after subsection (6):

  • Marginal note:Determination — total number of weeks

    (7) For the purpose of determining whether the total number of weeks of benefits established under subsection (6) has been reached, in the case where benefits have been paid for the reason mentioned in paragraph 12(3)(b) and the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii),

    • (a) the number of weeks of benefits that were paid for the reason mentioned in paragraph 12(3)(b) is converted to the number of weeks of benefits that would have been paid at a rate of weekly benefits of 55%, as set out in the table in Schedule IV; and

    • (b) other than the weeks referred to in subsections 10(10) to (12.1) in respect of which the benefit period is extended and the week referred to in section 13, the weeks for which no benefits were paid are deemed to be weeks for which benefits were paid at a rate of weekly benefits of 55%.

232 Subsection 14(1) of the Act is replaced by the following:

233 Subsection 18(2) of the Act is replaced by the following:

234 Subparagraph 22(2)(a)(i) of the Act is replaced by the following:

• 235 (1) Section 23 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Election by claimant

    (1.1) In a claim for benefits made under this section, a claimant shall elect the maximum number of weeks referred to in either subparagraph 12(3)(b)(i) or (ii) for which benefits may be paid.

  • Marginal note:Irrevocability of election

    (1.2) The election is irrevocable once benefits are paid under this section or under section 152.05 in respect of the same child or children.

  • Marginal note:First to elect

    (1.3) If two major attachment claimants each make a claim for benefits under this section — or one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the election made under subsection (1.1) or 152.05(1.1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.05 is binding on both claimants or on the claimant and the individual.

• (2) Subsection 23(3.2) of the Act is replaced by the following:

  • Marginal note:Extension of period — special benefits

    (3.2) The period referred to in subsection (2) is extended so that benefits may be paid up to the applicable maximum number of weeks referred to in subparagraph 12(3)(b)(i) or (ii) if, during a claimant’s benefit period,

    • (a) regular benefits were not paid to the claimant;

    • (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (f);

    • (c) the maximum total number of weeks established for those reasons is greater than 50; and

    • (d) benefits were paid for the reason mentioned in paragraph 12(3)(b) but for fewer than the applicable maximum number of weeks established for that reason.

  • Marginal note:Extension of period — reason mentioned in paragraph 12(3)(b)

    (3.21) The period referred to in subsection (2) is extended by 26 weeks so that benefits may be paid for the reason mentioned in paragraph 12(3)(b) up to the maximum number of weeks if, during a claimant’s benefit period,

    • (a) benefits were paid to the claimant for that reason and the applicable maximum number of weeks is established in subparagraph 12(3)(b)(ii);

    • (b) regular benefits were not paid to the claimant; and

    • (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (c), (d), (e) or (f).

  • Marginal note:Extension of period — regular and special benefits

    (3.22) If, during a claimant’s benefit period, regular benefits were paid, benefits were paid for the reason mentioned in paragraph 12(3)(b) in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii), and benefits were paid for fewer than the total number of weeks established under subsection 12(6) as determined under subsection 12(7), the period referred to in subsection (2) is extended for the same number of weeks as the extension established under subsection 10(13.02).

• (3) Subsection 23(3.4) of the Act is replaced by the following:

  • Marginal note:Limitation

    (3.4) An extension under one or more of subsections 10(10) to (13.02) must not result in the period referred to in subsection (2) being longer than 104 weeks.

• (4) Subsections 23(4) and (4.1) of the Act are replaced by the following:

  • Marginal note:Division of weeks of benefits

    (4) If two major attachment claimants each make a claim for benefits under this section — or if one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, weeks of benefits payable under this section, under section 152.05 or under both those sections may be divided between them up to a maximum of 35, if the applicable maximum number of weeks is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or up to a maximum of 61, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum number of weeks that can be divided

    (4.1) For greater certainty, if, in respect of the same child, a major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed 35, if the applicable maximum number of weeks is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or may not exceed 61, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii).