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

249 Subsection 152.09(2) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:

• 250 (1) The portion of subsection 152.11(6.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exception

    (6.1) A claim for benefits referred to in section 152.061 with respect to a critically ill child must not be regarded as having been made on an earlier day under subsection (4) or (5) if

• (2) Paragraph 152.11(6.1)(b) of the Act is replaced by the following:

  • (b) the beginning of the period referred to in subsection 152.061(3) has already been determined with respect to that child and the claim would have the effect of moving the beginning of that period to an earlier date; or

• (3) Section 152.11 of the Act is amended by adding the following after subsection (6.1):

  • Marginal note:Exception

    (6.2) A claim for benefits referred to in section 152.062 with respect to a critically ill adult must 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 152.062(3) has already been determined with respect to that adult 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.

• (4) Subsections 152.11(14) to (16) of the Act are replaced by the following:

  • Marginal note:Extension of benefit period

    (14) If, during a self-employed person’s benefit period, benefits were paid to the person for more than one of the reasons mentioned in paragraphs 152.14(1)(a) to (f), at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons and the maximum total number of weeks established for those reasons is greater than 50, the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.

  • Marginal note:Extension of benefit period — reason mentioned in paragraph 152.14(1)(b)

    (14.1) If, during a self-employed person’s benefit period, benefits were not paid for any reason mentioned in paragraph 152.14(1)(a), (c), (d), (e) or (f), and benefits were paid to the person for the reason mentioned in paragraph 152.14(1)(b) in the case where the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(ii), the benefit period is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.

  • Marginal note:Maximum extension under subsections (11) to (14.1)

    (15) An extension under one or more of subsections (11) to (14.1) must not result in a benefit period of more than 104 weeks.

  • Marginal note:Maximum extension under subsection (14)

    (16) Subject to subsection (15), unless the benefit period is also extended under any of subsections (11) to (13), an extension under subsection (14) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 152.14(1) for each of the benefits paid to the self-employed person for one of the reasons mentioned in paragraphs 152.14(1)(a) to (f) during the person’s benefit period before it was extended under subsection (14).

• 251 (1) Paragraph 152.14(1)(b) of the Act is replaced by the following:

  • (b) because the self-employed person is caring for one or more new-born children of the self-employed person, or one or more children placed with the self-employed person for the purpose of adoption is, in accordance with the election under section 152.05,

    • (i) 35, or

    • (ii) 61;

• (2) Subsection 152.14(1) 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 self-employed person is providing care or support to one or more critically ill adults described in subsection 152.062(1) is 15.

• (3) Paragraph 152.14(2)(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 152.05, 35 or 61.

• (4) Subsection 152.14(4) of the Act is replaced by the following:

  • Marginal note:Maximum — parental benefits

    (4) If a claim is made under this Part in respect of a child or children referred to in paragraph (2)(b) and a claim is made under section 23 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 152.05, 35 or 61.

• (5) Subsection 152.14(5.2) of the Act is replaced by the following:

  • Marginal note:Maximum — critically ill adult

    (5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.062 — 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 152.062 — 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 152.062(3)(a).

252 The portion of subsection 152.16(1) of the Act before paragraph (a) is replaced by the following:

253 The Act is amended by adding, after Schedule III, the Schedule IV set out in Schedule 2 to this Act.

Transitional Provisions

Marginal note:Birth or placement for adoption

254 The Employment Insurance Act, as it read immediately before the day on which sections 235 and 245 come into force, continues to apply to a claimant for the purpose of paying benefits under section 23 or 152.05 of that Act in respect of a child or children who are, before that day, born or placed with the claimant for the purpose of adoption.

Marginal note:Critically ill child

255 The Employment Insurance Act, as it read immediately before the day on which sections 237 and 247 come into force, continues to apply to a claimant for the purpose of paying benefits under section 23.2 or 152.061 of that Act if the period referred to in subsection 23.2(3) or 152.061(3), as the case may be, of that Act begins before that day.

Marginal note:Critically ill adult

256 Sections 23.3 and 152.062 of the Employment Insurance Act, as enacted by sections 238 and 248, respectively, apply to a claimant for any benefit period

• (a) that begins on or after the day on which sections 238 and 248 come into force; or

• (b) that has not ended before that day, but only for weeks of benefits that begin on or after that day.

Coordinating Amendments

Marginal note:2000, c. 12

• 257 (1) In this section, other Act means the Modernization of Benefits and Obligations Act.

• (2) If subsection 235(1) of this Act comes into force before subsection 107(1) of the other Act, then that subsection 107(1) is replaced by the following:

  • 107 (1) Subsection 23(1) of the Act is replaced by the following:

    Marginal note:Parental benefits

    • 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for

      • (a) one or more new-born children of the claimant;

      • (b) one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or

      • (c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.1).

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

    • Marginal note:Weeks for which benefits may be paid

      (2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period that begins with the week in which

      • (a) the child or children of the claimant are born,

      • (b) the child or children are actually placed with the claimant for the purpose of adoption, or

      • (c) the claimant first meets the requirements set out in the regulations made under paragraph 54(f.1)

      and ends 52 weeks after that week.

• (3) If subsection 107(1) of the other Act comes into force on the same day as subsection 235(1) of this Act, then that subsection 107(1) is deemed to have come into force before that subsection 235(1).