Digest of Benefit Entitlement Principles - Appendix to chapter 12

  Table of contents 

Maternity and Parental Benefits
under the Employment Insurance (EI) program

Pursuant to the implementation on January 1, 2006
of the Québec Parental Insurance Plan (QPIP)

Table of contents

1.   A context specific to Québec

The implementation of the Québec Parental Insurance Plan on January 1, 2006, has brought about many changes in the rules respecting the payment of benefits relating to the birth or adoption of a child, which were until then under the jurisdiction of the federal Employment Insurance Program throughout Canada.

This is no longer the case generally in Québec since January 1, 2006, as a result of the agreement entered into by the governments of Canada and Québec. Under the  Québec Parental Insurance Plan, responsibility for the payment of benefits related to the birth or the adoption of a child in Québec has been entrusted to the Minister of Employment and Social Solidarity of Québec (MESSQ).

The Québec Parental Insurance Plan applies to parents residing in Québec in respect of any new claim for benefits relating to a birth or an adoption occurring on January 1, 2006 or later.

The Employment Insurance Program continues to apply to parents:

  • residing in Québec in respect of any claim relating to a birth or an adoption covering a period prior to January 1, 2006 – even if the birth occurs on or after January 1, 2006 – as well as in respect of any birth or adoption that occurred before January 1, 2006; or
  • residing outside Québec in respect of any claim relating to a birth or an adoption.

In Québec, as in the other provinces and territories of Canada, nothing has changed with respect to the payment of other types of Employment Insurance benefits such as, regular benefits, sickness benefits, compassionate care benefits and fishers' benefits. Eligible workers continue to have access to these benefits.

1.1   Agreement between Canada and Québec

This specific context to Québec arises from the Final Agreement signed by the governments of Canada and Québec respecting the implementation of the QPIP and containing the administrative, financial and operational provisions according to which the Québec plan was established.

This agreement includes a funding mechanism whereby the Government of Canada will reduce the EI contributions of Québec workers and employers so that the Québec government can collect contributions for its own program.

The agreement covers the issue of equivalence between the programs. In the first year of QPIP implementation, Québec guarantees that no Québec resident receives fewer benefits than what is provided for under the EI programFootonte 1.

The agreement also covers issues such as interprovincial mobility, co-operation between the two governments and effective delivery of services.

In this way, for example:

  • Interprovincial mobility is assured. Parents who are initially collecting benefits under EI or QPIP and later move to another province, territory or country will continue to receive benefits from the same program.
  • Claimants will not be able to collect benefits for the birth or adoption of a child under both programs simultaneously.
  • Both governments will exchange necessary information to ensure that each program is implemented effectively.
  • If one government plans to amend its program, it will inform the other government in advance.

The Government of Canada has agreed that Québec will use Record of Employment data and Social Insurance Numbers to administer its Parental Insurance Plan.

The Governments of Canada and Québec made a commitment to make the legislative and regulatory amendments necessary for the QPIP's implementation. This has given rise to several changes, inter alia, in entitlement to maternity and parental benefits under the Employment Insurance ProgramFootnote 2.

[ January 2011 ]

1.2   Effect on the payment of EI benefits in Québec and elsewhere in Canada

The implementation of this plan in Québec does not mean, however, that maternity and parental Employment Insurance benefits will cease to be paid in Québec or that the impact of this plan will be limited to Québec. This will be explained in greater detail by the existence in particular of the following characteristics:

  • Special rules apply to the transition period between the two programs, based on the date of birth or placement for adoption purposes and on the start date of the claim for benefitsFootnote 3.
  • The Employment Insurance Program continues to pay maternity and parental benefits to parents who reside outside Québec or who are not considered residents of QuébecFootnote 4.
  • To facilitate interprovincial mobility, the initial program will continue to pay benefits even if the parents move elsewhere during their benefit periodFootnote 5.
  • There is a guarantee of equivalence if the amount of QPIP benefits is not equivalent or greater than the amount of EI benefitsFootnote 6.
  • There is an agreed approach between the two programs for dealing with concomitant events when the period for which benefits are payable under one program relating to a birth or an adoption overlaps the period for which benefits are payable under the other program relating to another birth or adoption.Footnote 7

It is important to know as well that there is an administrative agreement between the two programs that provides for the two parents' sharing parental or adoption benefits where one parent is residing outside Québec and the other is residing in Québec at the beginning of the period for which the first parent – in most cases, the mother – applies to receive such benefitsFootnote 8.

Finally, a principle of equivalence has been established under the Employment Insurance program to guarantee equity throughout the entire country, including Québec, in the processing of claims for Employment Insurance benefits.

This principleFootnote 9, which extends to benefits paid under a provincial plan a recognition that is similar to maternity or parental benefits paid under the EI plan, applies to any future claim for EI benefits.

January 2011 ]

1.3   Comparison between EI and QPIP

While EI and QPIP are related and share the common goal of providing benefits with regard to the birth or adoption of a child, there are nevertheless several distinctive elements.

The EI program and QPIP are independent and each has its own rules and requirements in terms of entitlement to benefits. The fact that a benefit period is established with one of the two plans does not mean that a benefit period is consequently established with the other one.

Claimants who want to receive EI benefits will have to file a claim and meet all the rules and conditions provided by the EI legislation.

When comparing QPIPFootnote 10 to EI it differs in the following respects:

  • lower entrance requirement;
  • higher annual maximum insurable earnings;
  • no waiting period;
  • payment of paternity benefits;
  • higher income replacement (benefit) rate;
  • choice between two plans, a basic plan and a special plan which has a different rate and duration of benefits.
 Parameters EI QPIP
 Coverage

Employed persons and self-employed fishers

Under the Fairness for the Self Employed ActFootnote 11, self-employed workers may register for the EI program on a voluntary basis and thereby have access to special EI benefits—maternity, parental, sickness and compassionate care—effective January 2, 2011.

Employed persons and self-employed workers.

Self-employed fishers, who are insurable within the meaning of the EI Act, are considered employed persons if they provide a record of employment, otherwise they will be treated as self-employed workers.

Entrance requirement 

Employed persons other than self-employed fishers: 600 hours of insurable employment

Self-employed fishers: earnings of $3, 760

Registered self-employed persons: a specific minimum income level of $6, 000 for benefit claims filed in 2011.

This does not take into account increased entrance requirements for violations.

Insurable income of $2 000

 Annual maximum insurable earnings

$44,200 for 2011

$64,000 for 2011

 Maximum benefit rate

$468 for 2011

$923.08 for 2011

 Waiting Period

Two weeks. If parental benefits are shared between two parents, only one WP is required.

None
 Benefit rate and benefit period

55% of weekly averaged insured earnings

The benefit rate can be as high as 80% in the form of a family supplement for low-income families with children.

Varies between 55% and 75%, depending on the type of benefits and whether benefits are paid under the longer basic plan or shorter special plan.

If the net family income is less than $25, 921, the weekly benefit is, on request, increased by a lump-sum amount and cannot exceed 80% of the average weekly income.

 

Maternity benefits: 15 weeks

Maternity benefits: 18 weeks at 70% under the basic plan or 15 weeks at 75% under the special plan.

 

Paternity benefits: none

Paternity benefits: 5 weeks at 70% under the basic plan or 3 weeks at 75% under the special plan.

 

Parental benefits for a birth or adoption: 35 weeks that eligible parents can share

Parental benefits related to the birth of a child: 32 weeks, including 7 weeks at 70% and 25 weeks at 55% under the basic plan or 25 weeks at 75% under the special plan. Eligible parents can share.

Adoption benefits: 12 weeks at 70% and 25 weeks at 55% under the basic plan or 28 weeks at 75% under the special plan. Eligible parents can share.

 

No choice of rate and duration

With regard to the basic plan or special plan, the benefit payment plan that is chosen by the first parent who requests benefits applies to both parents and to all types of benefits paid for that child.

It should be noted that QPIP paternity benefits are not intended for fathers adopting a child. However, adoptive parents can receive up to 37 weeks of QPIP adoption benefits that can be shared between them or that one parent can take in their entirety.

[ January 2011 ]

2.   The five rules for determining which program applies

Parents residing in Québec who claim benefits in relation to the birth or adoption of a child cannot receive both EI benefits and QPIP benefits.

It is therefore essential to determine which of the two programs applies. There are five rules for determining which program applies to the payment of benefits in relation to a birth or adoption.

  1. The transition period between the two programs
  2. One program per birth or adoption
  3. According to the province of residence of each parent, if different
  4. The guarantee of equivalence of the amount of benefits
  5. The concomitant events when there is more than one birth or adoption

This section summarizes various possible scenarios in relation to these five rules and provides overall guidelines for determining which of the two programs, EI or QPIP, applies to Québec residents or, in some circumstances, to non-Québec residents who file claims for benefits with respect to the birth or adoption of a child.

2.1   1st rule: the transition period between the two programs

A transition period was required to ensure the new sharing of responsibilities between EI and the QPIP is achieved without disruption and to guarantee respect for the principles contained in the Final Agreement between Canada and Québec.

It has therefore been agreed that the following transitional rule applies to parents residing in Québec as of the effective date of the QPIP implementation, January 1, 2006:

  • The QPIP applies for any new benefit claims taking effect on or after January 1, 2006, and made in relation to a birth or adoption occurring on or after January 1, 2006.
  • The Federal Employment Insurance Program continues to apply:
    • For any maternity or parental benefit claims covering a period prior to January 1, 2006, even if the birth occurs on or after January 1, 2006;
    • For any birth or adoption occurring prior to January 1, 2006.

The table below identifies which of the two programs applies to parents residing in Québec, according to the expected or actual date of birth or the date a child is placed with the parents for adoption and according to the effective date of the claim for benefits.

Benefit Program for Québec residents
Claims with regard to birth Benefit program Date of birth

For a period starting before January 1, 2006

EI

If the expected date of birth is before February 26, 2006; or

If birth occurs before January 1, 2006

For a period starting on or after January 1, 2006 

EI

If birth occurs before January 1, 2006

QPIP

If birth occurs on or after January 1, 2006

 

 

 

 

Claims with regard to adoption

 

Date of child's placement with the  parents

For a period starting before January 1, 2006 

EI

If placement is before January 1, 2006

For a period starting on or after January 1, 2006 

EI

If placement is before January 1, 2006

QPIP

If placement is on or after January 1, 2006

 

Parents residing in Québec for whom the expected date of birth of their child was until February 25, 2006 inclusively were be able to choose, if the birth occurred on or after January 1, 2006, either EI benefits beginning in 2005 or QPIP benefits beginning in 2006.

The two programs have agreed on a common position concerning the choice of either QPIP or EI made by a claimant. The program chosen becomes irrevocable once it has begun to pay the benefits claimed. Obviously, the choice must have been made in compliance with the legislation and the benefits must have been legitimately paid.

Once the payment of EI maternity or parental benefits has begun, it is not possible to switch over to QPIP benefits. A person cannot interrupt the payment of these EI benefits in order to collect the remainder of the weeks of benefits from QPIP.

In the event that EI began payment of maternity benefits for a period prior to January 1, 2006, EI will continue payment of these benefits after January 1, 2006, as well as payment of all parental benefits related to this birth to both parents, even if the birth possibly occurs on or after January 1, 2006.

The same principle applied to the payment of parental benefits for an adoption that EI has begun to pay for a period prior to January 1, 2006Footnote 12.

It should also be explained that, under EI, the maternity period during which maternity benefits are payable starts on the earlier of the following:

  • eight weeks before the expected date of confinement ; or
  • the actual date of confinement week.

The situation is different under the QPIP: the earliest time at which a woman can claim maternity benefits is as of the 16th week prior to the expected date of confinement.

2.2   2nd rule: one program per birth or adoption

The concept of residence is central to determining which program applies in relation to a birth or a placement for adoption. Québec's Parental Insurance Act stipulates that a person is eligible for the Québec plan who meets the following condition, among others:

  • A person must be a resident of Québec at the beginning of their benefit period and, in cases of a person whose insurable earnings from a business are considered, a resident of Québec on December 31st of the year preceding the beginning of their benefit period.

Such persons meet that QPIP condition for eligibility regardless of the fact that they can be employed outside Québec, either in another province or territory, in the United States or elsewhere in the world.

It is up to QPIP to determine whether a person meets the eligibility condition of Québec residence at the beginning of the period for which a first parent – in most cases, the mother - files a claim for benefits for the birth or the adoption of a child. Québec intends to accept that a person is resident of Québec if he/she is considered to be at that time a Québec resident for the purposes of the Taxation Act. Canada will accept Québec's determination in this regard.

Persons who are not a Québec resident at the beginning of that period are not eligible for QPIP unless they were a Québec resident at the beginning of the period for which the first parent applied to claim for these benefitsFootnote 13.

Workers who are American citizens and working in Québec continue to be covered by the Agreement between Canada and the United States Respecting Unemployment Insurance.

Border workers who reside in Ontario, New Brunswick or the United States and who travel back and forth to Québec are not eligible for QPIP benefits. The same applies to foreign workers residing in other countries with jobs in Québec.

These claimants are not residents of Québec and they should not apply for QPIP. They should apply to EI for maternity and/or parental benefits.

As a general rule, the program that applies first in a case of birth or adoption will govern the payment of all types of associated benefits to one or other of the parents who are residents under the same program at the beginning of the period for which the first parent to file a claim applies for benefits for the birth or the adoption of a child.

This program will continue to apply for all types of benefits for this same birth or adoption throughout the benefit period or periods of one or the other parent, even if the parents move to another province or territory or to another country during their respective benefit periodFootnote 14.

On occasions concomitant events can happen when the period for which benefits are payable under one program relating to a birth or an adoption overlaps the period for which benefits are payable under the other program relating to another birth or adoptionFootnote 15.

[ January 2011 ]

2.2.1   A practical case

Marie and Eric are living in Sherbrooke, Québec, when Marie stops work in anticipation of the birth of their child. She files a claim for maternity benefits with the QPIP and a benefit period is established for her. Marie and Eric move a few weeks later outside Québec.

Marie will continue to receive maternity benefits from QPIP even though she resides outside Québec. If she wants to receive parental benefits after that, she must apply to the QPIP since this is the plan that applied initially when she claimed maternity benefits.

Eric will eventually take leave to take care of their child. He, too, will submit his claim for parental benefits from the QPIP even though he no longer resides in Québec because he was living in Québec at the beginning of the period for which Marie claimed maternity benefits.

2.3   3rd rule: according to the province of residence of each parent, if different

A first exception exists with respect to the general rule stated in the preceding section: it applies where the parents do not live together, namely, where one resides in Québec and the other outside Québec at the beginning of the period for which the first parent – in most cases, the mother – claims benefits in relation to the birth or adoption of a child.

The QPIP in this case will apply for the parent who resides in Québec and the EI will apply for the parent residing outside Québec.

The program that applies will be the one governing the respective place of residence of each parent at the time. The fact that the second parent may have changed his/her place of residence by the time that this parent later claims benefits has no effect on determining the program.

The following table outlines the various possibilities 

If the 1st parent to claim resides in 
Québec at the beginning of the period for
which he/she claims benefits for the birth
or adoption of a child: QPIP 

And at that time the other parent

  • Resides in Québec: QPIP
  • Resides outside Québec: EI
If the 1st parent to claim resides outside
Québec: EI 

And at that time the other parent

  • Resides in Québec: QPIP
  • Resides outside Québec: EI

2.3.1   A practical case

Elisabeth resides in a suburb of Montreal, Québec. She is pregnant and has just filed a claim for maternity benefits with the QPIP. A benefit period will be established for her since she is a resident of Québec.

Henry, the child's father, intends to take leave from his job later to take care of the newborn for a period of time. Since he lives in Ottawa, Ontario, he wonders whether to approach the EI or the QPIP, as Elisabeth did.

The plan that applies to Henry in such cases is the one that applies where he is residing at the beginning of the period for which Elisabeth claims maternity benefits. Consequently, he must apply to the EI plan because he was residing in Ottawa at the time that Elisabeth claimed maternity benefits.

If they both plan to receive parental benefits to care for their child, Elisabeth and Henry will have to agree on the number of weeks during which one or the other wants to receive benefits from their respective plans and share the benefits between themFootnote 16.

[ January 2011 ]

2.4   4th rule: the guarantee of equivalenceof the amount of benefits

There is a second exception to the general rule stated earlierFootnote 17. The Government of Canada wanted to ensure that claimants who are entitled to receive provincial benefits will receive an amount of benefits that is at least equivalent to the benefits that they would otherwise be entitled to receive for a birth or an adoption under the EI Act.

EI RegulationsFootnote 18 make it possible to pay weekly EI maternity or parental benefits in addition to the provincial benefits that the claimant has received or is entitled to receive for the same weeks so that the global amount of the benefits is at least equivalent to the amount of benefits he/she would otherwise have been entitled under the EI.

These provisions should not apply at the present time since, in the Final Agreement concluded with the government of Canada, Québec has guaranteed that any person residing in Québec will receive during the first year of the QPIP's implementation a global amount of benefits that is at least equivalent to what the person would have been entitled to under EIFootnote 19.

[ January 2011 ]

2.5   5th rule: the concomitant events – more than one birth or adoption

The preceding rulesFootnote 20 have made it possible to determine which of the two programs applies to a first event, i.e. a birth or an adoption for which benefits are then payable under the program identified.

A second event can then occur (i.e. another birth or adoption), for which benefits may be payable under one of the programs during the period for which benefits remain payable for the first event under the other program.

These so-called concomitant events generally occur when a person files a claim for benefits relating to a birth or an adoption that are payable under EI or QPIP and for which he/she is still entitled to EI maternity or parental benefits or to QPIP benefits, when another birth or adoption occurs for which he/she may then be entitled to benefits under the other program.

This will occur particularly when this person changes their province of residence - moving outside or to Québec - between the moment they filed for benefits under one program for the first event and the moment they are entitled to file a claim for benefits under the other program for the second event.

The question is then the following: Which benefit program, QPIP or EI, applies to the second event? The answer relies on the choice that the parents will make between the two following options:

Option 1: Continue receiving benefits for the first event

Parents may choose to continue receiving the benefits payable to them under the identified program for the first event until their entitlement to these benefits is exhausted.

They may later claim the benefits to which they are entitled for the second event, under the program which will then be identified as the payer.

Option 2: Stop receiving benefits for the first event

One or both parents may instead wish to immediately claim the benefits to which they are entitled under one of the programs for the second event, even if benefit weeks are still payable to them under the other program for the first event.

Canada and Québec have agreed on a common approachFootnote 21 for determining the rules that apply when such concomitant events occur.

It should be noted in the context that the delivery of more than one child as a result of a single pregnancy is considered to be a single delivery and consequently does not constitute by itself what is being designed as concomitant events. This is the same with the adoption of more than one child at the same time which is considered to be a single adoption.

2.5.1   A five-point approach

The approach to determining which program applies when concomitant events occur can be summarized in the following five points:

  1. The payer for each event is determined independently;
  2. No person may receive concurrent benefits for more than one event;
  3. A person who has claimed benefits for a first event must discontinue them to claim benefits for a second event;
  4. A person whose the other parent of the child has claimed benefits for a first event and is still receiving them may claim benefits for a second event;
  5. The program that covers a person for the second event will be determined in the usual manner, based on their place of residence at the beginning of the period for which a first parent claims benefits for the second event.

This approach states, particularly, that a person must discontinue the benefits they are receiving or entitled to receive under one of the programs for a first event if they wish to receive benefits under the other program for a second event.

This option is available to both parents or even to one parent if the other wishes to continue receiving the benefits to which he/she is entitled for the first event.

Of course, the person or persons claiming benefits for a second event under one of the programs must meet the program's eligibility requirements.

The program that applies to the second event depends on the place of residence of each parent at the beginning of the period for which files a claim the first parent to claim benefits for the second event. QPIP will then apply to parents living in Québec, while EI will apply to parents living outside Québec at the beginning of that period.

As it will be seen in a later sectionFootnote 22, there is a specific EI RegulationFootnote 23 that makes a person who receives or is entitled to receive provincial benefits disentitled to EI benefits.Our reading of this regulation in the present context is that it applies to only one event at a time.

Accordingly, this regulation shall not apply to a person who claims benefits for a second event and is covered by EI – even if he/she is still entitled to receive QPIP benefits for a first event.

If the person meets the other EI maternity or parental benefit entitlement requirements for the second event, he/she will be eligible in spite of this specific EI Regulation, even if he/she is still entitled to QPIP benefits for the first event.

Of course, this supposes that the person is no longer receiving QPIP benefits for the first event (i.e. that he/she has discontinued them) when he/she claims EI maternity or parental benefits for the second event.

[ January 2011 ]

2.5.2   A practical case

As an illustration, here is the five-point application in line with the approach described above to the following three situations:

Situation A: Parents live outside Québec during the first event, then move to Québec before the second event

A person (mother) living outside Québec claims maternity benefits for a first event, i.e. the birth of a child. EI will be the payer for this first event, both for the claimant and for the other parent who lives with her.

The couple then moves to Québec where they experience a second event, i.e. the adoption of a child.

If we apply the five-point approach:

  • As Québec residents, if both parents wish to receive QPIP benefits for the second event, they must discontinue their EI benefits for the first event. QPIP will then be the applicable program for the second event.
  • One parent wishes to continue receiving EI benefits for the first event, while the other, as a Québec resident, wishes to receive QPIP benefits for the second event. This parent must discontinue his/her EI benefits for the first event. QPIP will then be the applicable program for the second event.

Situation B: The Reverse - Parents live in Québec during the first event, and move outside Québec before the second event

A person (mother) living in Québec claims maternity benefits for a first event, i.e. the birth of a child. QPIP will be the payer for this first event, both for the claimant and for the other parent who lives with her.

The couple then moves outside Québec where they experience a second event, i.e. the adoption of a child.

If we apply the five-point approach:

  • As non-Québec residents, if both parents wish to receive EI benefits for the second event, they must discontinue their QPIP benefits for the first event. EI will then be the applicable program for the second event.
  • One parent wishes to continue receiving QPIP benefits for the first event, while the other, as a non-Québec resident, wishes to receive EI benefits for the second event. This parent must discontinue his/her QPIP benefits for the first event. EI will then be the applicable program for the second event.

Situation C: Variation – Both parents live outside Québec during the first event, and only one parent moves to Québec before the second event

A person (mother) living outside Québec claims maternity benefits for a first event, i.e. the birth of a child. EI will be the payer for this first event, both for the claimant and for the other parent who lives with her.

One parent then moves to Québec, after which both parents experience a second event, i.e. the adoption of a child.

If we apply the five-point approach:

  • The parent living outside Québec wishes to continue receiving EI benefits for the first event, while the other, as a Québec resident, wishes to receive QPIP benefits for the second event. This parent must discontinue his/her EI benefits for the first event.
  • For the parent living in Québec, QPIP will then be the applicable program for the second event. If the parent living outside Québec claims benefits for the second event, EI will be the applicable program because he/she had been living outside Québec at the beginning of the period for which the parent living in Québec first claimed benefits for the second event.

In such cases, the payment of EI parental benefits or QPIP parental or adoption benefits between the parents covered by both programs for each event will be done in accordance with the administrative agreement concluded by Canada and Québec in relation to the sharing of benefits between parentsFootnote 24.

[ January 2011 ]

3.   Effect on entitlement to EI benefits

3.1   EI legislative and regulatory measures

By signing the Final Agreement, the Governments of Canada and Québec made a commitment to make the legislative and regulatory amendments necessary for the QPIP's implementation.

Authority to make the necessary amendments to EI legislation is found in the Budget Implementation Act (C-43) which received royal assent June 29, 2005. This ActFootnote 25 introduced brand new provisions enabling

  • To reduce or eliminate parental benefits when allowances, money or other benefits are payable to the claimant under a provincial lawFootnote 26.
  • To make adjustments to the legislation by means of regulations facilitating implementation of provincial maternity and parental benefit plansFootnote 27.

These regulations do not deal only with the QPIP. They have been drafted to take account of the future implementation of any similar program established by a provincial legislation.

These new EI regulations which took effect on January 1, 2006, fall into three categories dealing with:

1.   Regulations on the reduction of EI premium ratesFootnote 28

  • establishing a system to reduce EI premiums in provinces that put in place a plan to pay maternity/parental benefits;
  • concerning the conditions and standards that must be met to qualify for a premium reduction under the EI Act.

2.   Regulations on entitlement and the interaction between EI and provincial plansFootnote 29

  • ensuring that the provisions governing entitlement to benefits in the EI Act take into account the coexistence of provincial plans with EI;
  • ensuring that the receipt of a week of benefits from a provincial plan is recognized as a week of EI benefits under certain situations.

Regulatory provisionsFootnote 30 applicable to employed workers have been made authorizing the waiving of the waiting period when benefits have been paid under this type of provincial plan.

[ June 2012 ]

3.   Regulations on administrative matters related to provincial plansFootnote 31

  • providing for adjustment payments of premiums to be made between the Government of Canada and the governments of provinces with such plans;
  • providing authority for crediting the EI account for adjustments from a province to the Government of Canada.

[ January 2011 ]

3.2   Introduction to the regulations on entitlement

The Final Agreement reached between the two governments contains several principles for implementation of QPIP.

The EI Regulations, which took effect starting January 1, 2006, created the guidelines for processing claims for EI benefits related to a birth or adoption.

The regulationsFootnote 32 contain several provisions dealing with entitlement to benefits, mainly:

  • the circumstances in which a person is not entitled to receive EI benefits when he/she is entitled to receive provincial benefits such as QPIP benefits;
  • the situations in which a new equivalence principle applies to ensure equal treatment for all claimants regardless of whether they had received or are receiving EI maternity or parental benefits or QPIP benefits.

[ January 2011 ]

3.3   A specific disentitlement to EI benefits

The following is one of the basic principles of the Final Agreement between Canada and Québec: claimants under the QPIP should not receive EI benefits for the same period and the same purpose as those provided in the Québec plan.

Application of this principle has generated a disentitlement to EI benefits that prevents an EI claimant who has received or is entitled to receive QPIP benefits from receiving EI benefits at the same timeFootnote 33.

This disentitlement cannot be applied to a period prior to January 1, 2006. which was the effective date of the Québec Plan and these EI Regulations.

Entitlement to EI benefits for a period prior to January 1, 2006, or for a birth or adoption that occurred before January 1, 2006, is to be considered based on the regulations in force at that time.

3.3.1   Disentitlement to EI maternity and parental benefits

The claimant who is entitled to receive benefits under the Québec plan is not entitled to receive EI maternity or parental benefits. The specific regulationFootnote 34 on this provides the following:

  1. Subject to subsection (2) every claimant is disentitled to be paid maternity or parental benefits under the EI Act, if they are entitled to receive provincial benefits under a provincial plan.

This statement is true in general for any person identified under the five rules for determining which program appliesFootnote 35 as being governed by the QPIP. It is not necessary that this person make a claim for benefits under the QPIP for this disentitlement to apply. It is enough to show that the person is entitled to receive QPIP benefits for a birth or adoption.

The fact that the person resides in Québec constitutes sufficient proof to impose a disentitlement starting from the week he/she claims EI benefits for a birth or adoption unless there is an indication in the file that this person belongs to one of the exceptions.

In the case of EI claimants who are on an EI continuing claim, a disentitlement cannot be imposed without previously knowing the week for which benefits are claimed for a birth or adoption and if they are entitled then to receive QPIP benefits. The disentitlement will be imposed from that week in such cases.

In the case of EI and QPIP, payment of maternity benefits can begin before the week in which the child is born, starting from the eighth and sixteenth week respectively before the expected date of delivery.

The other types of benefits related to the birth or adoption of a child cannot be paid before the week of the birth of a child or the arrival/placement of a child with the parents for the purpose of adoption. An exception is cases of adoption outside Québec: payment of QPIP adoption benefits can begin two weeks before the child's arrival.

[ January 2011 ]

3.3.2   Subject to the amount of benefits

The regulationFootnote 36 makes the following reservation with respect to the imposition of a disentitlement considered in the preceding section:

  1. Subsection (1) does not apply if, at the request of the claimant, it is determined by the Commission that the amount of provincial benefits the claimant is entitled to receive under the provincial plan is not substantially equivalent to or greater than the amount of maternity or parental benefits that they are entitled to receive under the EI Act.

This reservation, the intent of which is to guarantee the equivalenceFootnote 37 of the maternity or parental EI benefit amounts that would otherwise have been paid, thus makes it possible to pay a weekly maternity or parental EI benefit that will be reducedFootnote 38 by an amount equal to the provincial benefits that the claimant has received or is entitled to receive in respect of the same week and by the amount of any deduction provided forFootnote 39.

Such a determination by the Commission will then be done on the express request of a claimant and only after the definite amount of provincial benefits that the claimant is entitled to receive under the provincial plan is known.

Obviously, it will not apply in cases where a person is not entitled to receive EI maternity or parental benefits when for example, he/she has less than 600 hours of insurable employment or does not meet increased entrance requirements for violations.

Such a determination by the Commission should generally not be done for QPIP for the first transition year since Québec has guaranteed in the Final Agreement and in various measures set out in its regulations that it will pay an overall amount at least equivalent to the overall amount of EI benefits that a person would have otherwise been entitled to receiveFootnote 40.

It is the claimant's responsibility to take the necessary steps to request the QPIP to pay an amount of benefits that is sufficient to meet that test.

[ January 2011 ]

3.3.3   Disentitlement to other types of EI benefits

The regulatory text does not disentitle a claimant to only EI maternity or parental benefits if he/she is entitled to receive provincial benefits in the context described in the following subsectionFootnote 41:

  • Every claimant who has received, or has applied for and is entitled to receive, provincial benefits under a provincial plan in respect of a week is disentitled to be paid benefits in respect of that same week under:

    1. Part I of the Act, other than EI maternity or parental benefits; or
    2. The EI (Fishing) Regulations.

This specific enactment, then, makes a claimant who has received QPIP benefits or has claimed such benefits and is entitled to them during the particular weeks, ineligible to receive any EI benefits for these weeks, with the exception of maternity or parental EI benefits, which are covered by other provisionsFootnote 42.

For example, the fact that a person (mother) is entitled to receive maternity benefits under QPIP as of the 16th week prior to the expected date of confinement does not mean that the disentitlement provided here will automatically apply in her case.

The fact that this person is entitled to receive QPIP benefits is not sufficient by itself to impose such a disentitlement; it also requires that she has applied for QPIP benefits.

This person will then continue to receive EI regular benefits or other types of EI benefits - except maternity/parental benefits - to which she is entitled until the week for which she is requesting QPIP benefits for a birth or adoption that she is entitled to receive.

[ January 2011 ]

3.4   A global principle of equivalence under EI

A global principle that guarantees equity in the treatment of EI claims throughout the country is applied in the EI RegulationsFootnote 43 in force on January 1, 2006.

This principle of equivalence for the purposes of EI extends to benefits paid by QPIP a recognition that is similar to maternity or parental benefits paid under EI.

This global principle of equivalence applies to employed workers in 9 situations grouped together under the three following broad principles:

  • Basic principle;Footnote 44
  • Principle if otherwise entitled to receive EI maternity or parental benefits;Footnote 45
  • Principle relating to the sharing of benefits paid under different plansFootnote 46.

In the case where a week of QPIP benefits has been taken into account as part of the application of the first eight situationsFootnote 47, no week of EI maternity or parental benefits can be taken into account twice for the same reasonsFootnote 48.

Finally, for self-employed persons registeredFootnote 49 under the EI plan, this global principle of equivalence is applied in 2 of these 9 situationsFootnote 50.

[ January 2011 ]

3.4.1   Basic principle: 5 situations

The basic principle of equivalence is the following: one (1) week of QPIP benefits is considered to be equivalent to one (1) week of EI maternity or parental benefits.

According to this basic principle, persons receiving QPIP benefits in the following five situations will be treated in the same way as if they have received EI maternity or parental benefits.

3.4.1.1   52-Week NERE before the qualifying period

A provision addedFootnote 51 to the regulation dealing with prescribed hours and weeksFootnote 52 provides that any week for which provincial benefits - such as QPIP benefits - are paid during the NERE period will be equivalent to 35 prescribed hours that relate to employment in the labour force.

This provision makes it easier for an individual to reach the minimum threshold of 490 hours of insurable employment required during the NERE period in order not to be considered any more as a person who is entering or re-entering the labour market. That person will, where appropriate, require fewer insurable hours of employment during the qualifying period in order to establish an EI benefit period.

[ January 2011 ]

3.4.1.2   Qualifying period and its extension

According to a new regulationFootnote 53, a reference to "a week during which the person was in receipt of benefits" shall be read as including a week for which the person was paid provincial benefits such as QPIP benefits.

Thus, the EI qualifying period cannot be extended for any week in which a person has received QPIP benefits, just as is the case for any week for which a person has received EI benefitsFootnote 54.

[ January 2011 ]

3.4.1.3   Rate calculation period

According to a section addedFootnote 55 to the regulation dealing with prescribed hours and weeks,Footnote 56 it follows that any week for which a claimant has no insurable earnings and has received provincial benefits – such as QPIP benefits – is considered a prescribed week relating to employment in the labour force.

Accordingly, such provincial benefit weeks will not be taken into account in the rate calculation periodFootnote 57 consisting of a maximum of twenty-six consecutive weeks during the qualifying period.

Thus, the period including such weeks of provincial benefits may be extended by the same number of weeks so that the required number of weeks composing the rate calculation period of at least twenty-six consecutive weeks during the qualifying period is reached without taking these provincial weeks of benefits into account.

[ January 2011 ]

3.4.1.4   Extension of the benefit period for special benefits

Under a regulationFootnote 58 concerning the extension of the benefit period, a reference to "benefits paid in the case of a pregnancy or because the claimant is caring for one or more new-born or adopted children placed with the claimant for the purpose of adoption" for a number of weeks that is less than the applicable maximum number of weeks shall be read as a reference to the provincial benefits that have been paid to the claimant for the same reasons.

It follows that QPIP benefits can be used to extend the employment insurance benefit periodFootnote 59 to allow the claimant to receive the maximum number of special benefits weeks under the EI – other than maternity or parental – to which he/she is entitled.

3.4.1.5   Extension of the benefit period: hospitalized child - military families

A regulationFootnote 60 on extending the benefit period enables the benefit period under the EIFootnote 61 to be extended by the number of weeks of hospitalization for a person who received QPIP benefits or is entitled to receive them where his/her child is hospitalized during the period provided in the EI ActFootnote 62.

In this context, a claimant who has requested the suspension of the payment of his/her benefits from the QPIP during his/her child's period of hospitalization will be considered entitled to receive them.

Amendments were also made to the ActFootnote 63 affecting military families. The normal 53 week period when parental benefits can be paid-the parental window (i.e., the week of the birth of the client's child or placement of a child with the client for the purpose of adoption plus the 52 weeks thereafter) is extended if the Canadian Forces member is unable to start their parental leave or is recalled from parental leave because of an Imperative Military Requirement. The parental window can be extended under this provision up to a maximum of 104 weeks. The benefit period is also extended to allow payment of parental benefits during this extended parental window.

Canadian Forces members who reside in Québec will continue to collect parental benefits from the existing Québec Parental Insurance Plan. Bill C-13 provides that Canadian Forces members whose parental leave is deferred or who are directed to return to duty from parental leave due to an Imperative Military Requirement are eligible for an extension of the benefit period and the parental benefit eligibility window. Until Québec legislation provides for similar provisions, Canadian Forces members residing in Québec who are unable to collect their full QPIP entitlement due to a deferral of their parental leave or are recalled from parental leave due to an Imperative Military Requirement will be considered for payment under the EI program which will provide the extensions for eligible Canadian Forces members who reside in Québec.

[ January 2011 ]

3.4.2   Principle if otherwise entitled: 3 situations

This second broad principle of equivalence is as follows: one (1) week of QPIP benefits is considered to be equivalent to one (1) week of EI maternity or parental benefits if claimants prove they would otherwise have been entitled to EI maternity or parental benefits.

Claimants who were paid QPIP benefits in the three situations described in the following sectionsFootnote 64 must meet this condition to have their QPIP benefits weeks considered equivalent to EI maternity or parental benefits weeks.

Obviously, a person will not meet this condition in cases for example where they would not have had, at the beginning of the QPIP benefit period or the EI benefit period, the minimum of 600 hours of insurable employment required to receive EI maternity or parental benefits or would not have met increased entrance requirements for violations.

[ January 2011 ]

3.4.2.1   208-week period prior to the NERE period

A regulationFootnote 65 for determining the conditions required to receive benefits specifies that an insured person is considered not to be a new entrant or a re-entrant to the labour force if they:

  1. have been paid one or more weeks of provincial benefits in the referred period of 208 weeks Footnote 66; and
  2. would have been entitled to receive EI maternity or parental benefits for the same period, had they not been paid those provincial benefits.

A person is therefore not identified in similar situations as a person entering or re-entering the labour force to the extent that the person shows that he/she would otherwise have been entitled to receive EI maternity or parental benefits during one or more weeks for which the person received provincial benefits –such as QPIP benefits – during this 208-week period.

As a person other than an entrant or re-entrant to the labour force, he/she will then need only a lesser number of insurable hours of employment during the qualifying period to establish an EI benefit periodFootnote 67.

The current rules concerning calculation of percentages paid for a week will be applied in this situationFootnote 68 in order to conclude that a week of QPIP benefits has been paid.

[ January 2011 ]

3.4.2.2   Participant - Part II of the EI Act

A new regulationFootnote 69 for the purposes of designating a participant for the application of Part II of the EI Act - EMPLOYMENT BENEFITS AND NATIONAL EMPLOYMENT SERVICE allows a person to be considered an insured participantFootnote 70:

  1. if they would have been entitled to receive EI maternity or parental benefits and would have had a benefit period established for that purpose within the time required, had they not been paid provincial benefits.

This regulation, which applies where a person has received provincial benefits such as QPIP benefits, flows from the commitments made to this effect by Canada and Québec in concluding the Final Agreement.

However, this situation does not apply to self-employed persons registeredFootnote 71 under the EI plan; they are not considered participants for the purposes of Part II of the Act because they are their own employers and they have control over their labour market situation.

[ January 2011 ]

3.4.2.3   Provincial benefits paid during or prior to a benefit period

There are a number of regulatory amendmentsFootnote 72 intended to clarify for both employed workers and registered self-employed persons this dual-tracked principle of equivalence depending on whether provincial benefits were paid to them either during or prior to an EI benefit period.

One condition contained in this dual-track principle is that it only applies in cases where the employed worker or the self-employed person would have been entitled to receive the corresponding types of benefits under the Act. This is a condition that is critical to the application of this principle of equivalence of benefits between the two plans.

So in the case of a employed worker, he/she would have to accumulate a minimum of 600 hours of insurable employment during the qualifying period prior to the start of the QPIP or EI benefit period, as the case may be, in order to be entitled to maternity or parental benefits. Self-employed persons, effective January 2,  2011, would have to have a specific minimum income of $6,000 for claims made in 2011. These eligibility requirements for EI maternity or parental benefits are increased in cases where the employed worker or the self-employed person is guilty of a past violation.

Where this condition is met and the provincial benefits paid for a week to the employed worker or the self-employed person are considered benefits paid for a week under the Act, these will have to be included in the specified calculationFootnote 73 of the number of weeks of EI benefits considered to have been paid in a benefit period.

The following rules will be used in converting benefits under the two plans based on the type of benefits paid and the regime—basic or special—under which the QPIP benefits were paid.

To the extent the condition described is met, one (1) week of QPIP benefits when paid under:

  • the basic plan is considered to be equivalent to one (1) week of EI maternity or parental benefits;
  •  the special plan is considered to be equivalent to the number of weeks of EI maternity or parental benefits obtained by converting this week of QPIP benefits into its equivalent number of weeks of EI benefits.

Parents covered by QPIP have a choice between two benefit payment plans: basic or special. Under the basic plan, the income replacement rate is lower than for the special plan, but the duration of benefits is longer.

It should be noted in this context that:

  • QPIP maternity benefits are considered as EI maternity benefits;
  • QPIP paternity, parental and adoption benefits are considered as EI parental benefits.

One (1) week of QPIP under the QPIP basic plan is equivalent to one (1) week of EI benefits of the same type as is shown within the following table.

Benefit payment under QPIP Basic Plan Equivalence of QPIP to EI
QPIP Equivalent EI
1 week of maternity benefits to 1 week of maternity benefits
1 week of paternity, parental or adoption benefits to 1 week of parental benefits

This is different under the special plan where the equivalence of QPIP to EI is directly related to the different types of benefits and to the conversion factors that apply.

One (1) week of QPIP benefits under the special plan multiplied by the conversion factor appropriate to each type of benefits produces its equivalent number of weeks of the same type of EI benefits as it is shown within the following table.

Benefit payment under QPIP Special Plan Equivalence of QPIP to EI
QPIP Equivalent EI
1 week of maternity benefits to 1.20 week of maternity benefits
1 week of paternity, parental or adoption benefits to 1.66 week of parental benefits
1 week of parental benefits to 1.28 week of parental benefits
1 week of adoption benefits to 1.32 week of parental benefits

The conversion factor appropriate to each type of QPIP benefits is obtained by dividing for each type of these benefits the maximum number of weeks payable under the basic plan by the maximum number of weeks payable under the special planFootnote 74. For example, for QPIP maternity benefits, the conversion factor is obtained by dividing 18 by 15 = 1.20.

The result obtained by this conversion is rounded to the next highest number, if it includes a percentage of (.5) or more, and is rounded down, if it includes a percentage of less than (.5)Footnote 75. The number is rounded after all types of QPIP benefits claimed have been converted.

The number of benefit weeks paid under the basic or special QPIP plan is then converted to an equivalent number of weeks of similar EI benefits, depending on what the EI plan provides. This provision therefore reduces the number of weeks of EI benefits that remain to be paid during an EI benefit period and in the case of a birth or adoption.

Each week of provincial benefits, such as those provided under QPIP, that are paid during the EI benefit period with respect to a birth or an adoption must be taken into account in the calculation up to a maximum of the equivalent maximum number of 15 and 35 weeks, respectively, for EI maternity and parental benefitsFootnote 76.

The wording of the regulatory amendments is sufficiently straightforward to include the QPIP benefits—considered as benefits paid for a week under the Act—in the overall total of special reasonsFootnote 77 and in the general overall totalFootnote 78, as stipulated with respect to the payment of EI benefits.

A.   A dual-track principle of equivalence

Where QPIP benefits have been paid, it must first be determined if there is an EI benefit period that is continuing or that is still in effect with respect to the weeks for which QPIP benefits were paid, even if the claimant has not completed any reports or if no disentitlement has been imposed in connection with the QPIP benefit weeks. If this is not the case, then the QPIP benefits will be considered as having been paid before an EI benefit period was established.

Track 1 - Provincial benefits paid during an EI benefit period

There could be cases where an employed worker or a registered self-employed person has had an EI benefit period established and has received EI benefits other than maternity or parental benefits before receiving QPIP benefits, and that person later claims other types of benefits, such as EI sickness or compassionate care benefits, before the end of the EI benefit period.

Employed workers under Part I of the Act

The regulationsFootnote 79 set out the first track of this principle of equivalence as follows:

Subject to subsection (2), the provincial benefits paid to a claimant in respect of a week in a benefit period are considered to be benefits paid in respect of a week under the Act if the claimant would have been entitled to the corresponding types of benefits under the Act, and any week in respect of which the claimant receives provincial benefits counts as a week for the purpose of calculating

  • the overall maximum number of weeks for which benefits may be paid in a benefit period under paragraphs 12(3)(a) and (b) of the Act taken together; and
  • the maximum number of weeks for which benefits may be paid under subsection 12(4) of the Act.

The wording specifies an essential condition to its application, that is, that the claimant must, but for the QPIP benefits, have been entitled to receive the corresponding types of benefits under the Act, namely EI maternity benefits or parental benefits, based on the number of hours of insurable employment used to establish his/her EI benefit period.

This type of claimant will not meet this condition if he/she did not have, depending on the circumstances, at the start of his/her EI benefit period, the required 600 hours of insurable employment to be entitled to EI maternity or parental benefits or was unable to meet the more stringent requirements resulting from having committed a previous violation. In such situations, the QPIP benefits will not be considered equivalent to the EI benefits, and in no case will they be counted for purposes of the ActFootnote 80.

Self-employed persons registered under Part VII.1 of the Act

The following textFootnote 81 confirms that the same regulatory approach applies in the case of self-employed workers: 

Subject to subsection (3), the provincial benefits paid to a self‑employed person in respect of a week in a benefit period are considered to be benefits paid in respect of a week under the Act if the self-employed person would have been entitled to the corresponding types of benefits under the Act, and any week in respect of which the self-employed person receives provincial benefits counts as a week for the purpose of calculating

  1. the overall maximum number of weeks for which benefits may be paid in a benefit period under paragraphs 152.14(1)(a) and (b) of the Act taken together; and
  2. the maximum number of weeks for which benefits may be paid under subsection 152.14(2) of the Act.

In this context the question that must be asked is this: Were it not for the QPIP benefits, would the self-employed person have otherwise been entitled to receive EI maternity or parental benefits, taking into account the basic entitlement conditions set out under the Fairness for the Self-Employed Act for special benefits and that were used to establish the person's EI benefit period, namely:  

  • to have valid agreement;
  • to have an interruption in earnings because of the birth or adoption of a child, because of an illness, an injury or quarantine, or because of the need to care for a seriously ill family member; and
  • to have earned the specific minimum self-employment income in the calendar year preceding the start of the EI benefit period; for claims filed in 2011, this amount is $6,000. This specific minimum income is increased where the self-employed person has committed a violation.

The fact that a self-employed person was able to have an EI benefit period established clearly shows that, were it not for the QPIP benefits, the person would otherwise have been entitled to EI maternity or parental benefits.

However, this type of EI benefit period for self-employed persons cannot be established until on or after January 2, 2011.

Track 2 – Provincial benefits paid before an EI benefit period was established

There may be cases where it is not until after receiving QPIP benefits that a person makes an EI claim for other types of EI benefits, whether it be regular benefits or sickness or compassionate care benefits.

In such cases, the regulatory amendmentsFootnote 82 provide that a benefit period is deemed to be established when the benefit period was established under the provincial law, and it is deemed to have begun the same week as the period established under the provincial law in cases where the salaried worker or the self‑employed person would have been entitled to receive the corresponding types of benefits under the Act for the same period.

Conversely, if the employed worker or the self-employed person would not have been entitled to the corresponding types of benefits under the Act for the same period, the EI benefit period will be established in the normal manner based on the date on which the person made the claim for EI benefits. QPIP benefits that were paid prior to the start of this EI benefit period will have no impact on the number of weeks of EI benefits that are payable in that EI benefit period.

If, in a given situation, it is considered that the EI benefit period of an employed worker or self-employed person is deemed to be established when the QPIP benefit period was established, and to begin the same week as the QPIP benefit period, the person in this case does not have the option to circumvent the regulatory provisions on equivalence and ignore the fact that a benefit period has been deemed established and that QPIP benefits are considered EI benefits in the deemed EI period.

The EI benefit period that was deemed to be established will have to be terminated if the person wishes to have a subsequent EI benefit period established on the date on which he/she made a claim for EI benefits after having received QPIP benefits. The person must then show that he/she is able to meet the qualifying conditions for the establishment of a subsequent EI benefit period.

Employed workers under Part I of the Act

The regulationsFootnote 83 describe the second track of this principle of equivalence in the following terms:

A benefit period is deemed to be established when a benefit period was established under a provincial law, and it is deemed to have begun the same week as the period established under the provincial law if the claimant would have been entitled to the corresponding types of benefits under the Act in respect of the same period.

In such situations, it is necessary to determine whether the employed worker was otherwise entitled, at the start of his/her QPIP benefit period, to EI maternity or parental benefits by taking into account the number of hours of insurable employment accumulated during the qualifying period previous to his/her QPIP benefit period.

If the answer is yes, an EI benefit period is deemed to have been established when the QPIP benefit period was established, and to have begun the same week as the QPIP benefit period. QPIP benefits paid in respect of a week in that EI benefit period will then be considered benefits paid in respect of a week under the Act.

Furthermore, this employed worker will not meet this condition if he/she did not have, depending on the circumstances, during his/her qualifying period that preceded the start of his/her QPIP benefit period, the required 600 hours of insurable employment to be entitled to EI maternity or parental benefits or was unable to meet the more stringent requirements resulting from having committed a previous violation.

In such cases, the QPIP benefits paid prior to the start of this EI benefit period established in the normal fashion cannot then be considered equivalent to the EI benefits and will in no case be counted for purposes of the ActFootnote 84.

Self-employed persons registered under Part VII.1 of the Act

In reading the following text, it is not surprising to note that the same regulatory approach is used for self-employed personsFootnote 85:

A benefit period is deemed to be established when a benefit period was established under a provincial law, and it is deemed to have begun the same week as the period established under the provincial law if the self-employed person would have been entitled to the corresponding types of benefits under the Act in respect of the same period.

In such situations it is necessary to determine whether the self-employed person was otherwise entitled—at the beginning of his/her QPIP benefit period—to EI maternity or parental benefits, taking into account the basic entitlement conditions set out under the Fairness for the Self-Employed Act for special benefits, namely:

  • to have a valid agreement;
  • to have an interruption in earnings because of the birth or adoption of a child, because of an illness, an injury or quarantine, or because of the need to care for a seriously ill family member; and
  • to have earned the specific minimum self-employment income in the calendar year prior to the start of the EI benefit period deemed established when the QPIP benefit period was established; for claims filed in 2011, this amount is $6,000. This specific minimum income is increased where the self-employed person has committed a violation

If the answer is yes, an EI benefit period is deemed to have been established when the QPIP benefit period was established, and to have begun the same week as the QPIP benefit period. QPIP benefits paid in respect of a week in that EI benefit period will then be considered benefits paid in respect of a week under the Act.

However, such deemed EI benefit period as a self-employed person may not be established until on or after January 2, 2011.

Coming into force

The regulatory amendments implementing this specific dual-track principle of equivalence for the payment of provincial benefits came into force on January 1, 2011.

This dual-track principle applies to:

  • any initial EI benefit claim filed prior to January 2, 2011, where the benefit period commencement (BPC) is on or after January 2, 2011 (w/c 1750);
  • any initial EI benefit claim filed on or after January 2, 2011, where the BPC is or is deemed to be prior to January 2, 2011; and
  • any initial EI benefit claim filed on or after January 2, 2011, where the BPC is or is deemed to be January 2, 2011, or a subsequent date.

Any other initial EI benefit claim filed prior to January 2, 2011, where the BPC is prior to January 2, 2011, remains subject to the rules in force prior to January 2, 2011. Continuing or renewal EI benefit claims tied to such initial EI benefit claims remain subject to those same rules respecting the initial claim for benefits.

These regulatory amendments provide improved assurance of the equity sought in the processing of benefit claims, and do not in any way change the fact that an employed worker or a self-employed person who received QPIP benefits is not entitled, as a general rule, to EI benefits in respect of those weeks for which he/she received QPIP benefits.

[ January 2011 ]

3.4.2.4   Practical cases

The previous section described the dual-track principle of equivalence with respect to the payment of provincial QPIP benefits. Let's now look at a number of practical examples.

The first three examples that relate to employed persons assume that the claimants are regular claimants who must meet the Variable Entrance Requirement to have an EI benefit period established. They also assume that the claimants are not new entrants or re-entrants to the labour force within the meaning of subsection 7(4) of the EI Act. The last two examples address situations involving self-employed persons.

[ January 2011 ]

Example 1 – Employed person: QPIP benefits paid prior to an EI benefit period

An employed person is laid off after receiving 25 weeks of QPIP Special Plan benefits. The person then files a claim for regular EI benefits.

Week(s) May 2, 2010 to August 15, 2010 inclusive August 22, 2010 to February 6, 2011 inclusive February 13, 2011
EMPLOYMENT 605 hours of insurable employment and $6,050 in earnings accumulated.      
QPIP    Parental benefit claim – 25 weeks of benefits under Special Plan.   
EI   

Benefit period deemed to have begun on August 22, 2010, because person would otherwise have been entitled to parental benefits.

Regular claimant - the number of hours of insurable employment based on the regional rate of unemployment (RRU) of 8.2% is 595.

Initial claim for regular EI benefits filed.

An analysis of this case shows that an EI benefit period is deemed to have been established on the week commencing August 22, 2010, at the same time as the QPIP benefit period was established, because the employed person, who had 605 hours of insurable employment during the qualifying period preceding the beginning of the QPIP benefit period, would have been entitled to parental benefits under the Act for the same period.  

Consequently, the 25 weeks of QPIP benefits, paid from August 22, 2010, to February 6, 2011, inclusive, must be counted. These 25 weeks of QPIP parental benefits under the Special Plan, multiplied by the appropriate conversion factor of 1.28, is equivalent to 32 weeks of EI parental benefits.

The person can draw regular benefits as of February 13, 2011, having accumulated enough hours of insurable employment as a regular claimant - that is, 605 hours during his qualifying period (QP) - to have an EI benefit period established on the date the benefit period is deemed to have begun.

The number of weeks of EI still payable in respect of the EI benefit period that starts on August 22, 2010, must take into account the 32 weeks of equivalent parental benefits deemed to have been paid.

Example 2 – Employed person: QPIP benefits paid during to an EI benefit period

Following a layoff, an employed person claims and receives regular EI benefits for 7 weeks. The person then receives 18 weeks of QPIP maternity benefits under the Basic Plan, after which the person claims regular EI benefits again.

Week(s) Jan. 16 to June 5, 2011 inclusive June 12, 2011 June 19 to August 7, 2011, inclusive Aug. 14, 2011 to Dec. 11, 2011, inclusive Dec. 18, 2011 
EMPLOYMENT 580 hours of insurable employment and $5,600 in earnings.            
QPIP          Maternity benefit claim - 18 weeks of benefits paid under the Basic Plan.   
EI   

Benefit period commencement: -

Regular claimant - Hours of insurable employment needed in view of 9.2% RRU is 560.

7 weeks of regular benefits.

Not entitled to EI benefits during QPIP

Would not have otherwise been entitled to receive EI maternity benefits.

Renewal claim for regular EI benefits.

An analysis of this case shows that this employed person accumulated enough hours of insurable employment during the QP - 580 hours - to have an EI benefit period established on the filing date (June 12, 2011).

Since QPIP benefits were paid to the person during their EI benefit period, we must answer the following question: Had it not been for the person's QPIP benefits, would they otherwise have been entitled to draw EI maternity benefits based on the number of hours of insurable employment used to establish their EI benefit period?

The answer is no, because the person accumulated only 580 hours of insurable employment prior to their  EI benefit period commencement, and would have had to accumulate at least 600 hours to be entitled to EI maternity benefits.

As a result, the 18 weeks of maternity benefits paid by QPIP while the person would not otherwise have been entitled to EI maternity benefits will not be counted, and will have no impact on the number of weeks of EI benefits still payable during the EI benefit period established as of June 12, 2011.

Example 3 – Employed person: QPIP benefits paid during an EI benefit period and continuing thereafter ...

An employed person receives regular EI benefits for 20 weeks. The person then receives 18 weeks of QPIP Basic Plan maternity benefits during the same EI benefit period. The person goes back to work and then receives 32 weeks of QPIP parental benefits.

Week(s) Aug. 10, 2010 to Jan. 2, 2011 inclusive January 9 to June 5, 2011, inclusive June 12, 2011 to Oct. 9, 2012, inclusive Oct. 16, 2011 to Jan. 29, 2012, inclusive Feb. 5 to Sept. 9, 2012  Sept. 16, 2012
EMPLOYMENT 580 hours of insurable employment and $5,600 in earnings.       605 hours of insurable employment and $6,050 in earnings.     
QPIP       Maternity benefit claim – receives 18 weeks of benefits under Basic Plan.      Parental benefit claim - 32 weeks under Basic Plan.  
EI   

Benefit period commencement –

Regular claimant - Number of hours of insurable employment required based on RRU of 9.2% is 560.

After the waiting period, person receives 20 weeks of regular benefits, which is the maximum number of regular benefits under s. 12(2) of the Act.

Not entitled to EI benefits during QPIP

Would not otherwise have been entitled to EI maternity benefits.

End of benefit period on week of January 1, 2012 - normal duration of 52 weeks.

Renewal claim for regular EI benefits. Initial claim for regular EI benefits filed.

An analysis of this case shows that QPIP benefits were paid to this person for 18 weeks within their EI benefit period, and that they would not have been entitled to draw EI maternity benefits for these weeks because they accumulated only 580 hours of insurable employment prior to their EI benefit period commencement, which is below the 600-hour minimum required. As a result, the 18 weeks of QPIP maternity benefits that the person received will not count in relation to this EI benefit period.

The 32 weeks of QPIP parental benefits that the person was paid after the end of their EI benefit period fall into a different category. An EI benefit period is deemed to have been established on the week commencing February 5, 2012, when the second sequence of QPIP benefits was established, because this employed person, with 605 hours of insurable employment in their QP prior to the beginning of this second sequence of QPIP benefits, would have been entitled to receive parental benefits under the Act for the same period.

Consequently, the 32 weeks of QPIP benefits paid for February 5 to September 9, 2012, inclusive, must be counted.

Example 4 – Self-employed person: QPIP benefits paid prior to an EI benefit period

A self-employed person goes back to their occupation on the week of July 31, 2011, after receiving 25 weeks of QPIP Special Plan parental benefits. The person later files a claim for EI sickness benefits starting September 11, 2011, the week in which the person first ceased to be able to work due to sickness. The person would otherwise have continued working. 

Week(s) Calendar year preceding benefit claim: 2010 February 6 to July 24, 2011, inclusive  July 31 to Sept. 4, 2011, inclusive Sept. 11, 2011
EMPLOYMENT $20,000 in self-employment income.    Self-employed again.   
QPIP    Parental benefit claim – 25 weeks of Special Plan benefits.       
EI   

Benefit period deemed to begin Feb 6, 2011, because person would otherwise have been entitled to EI parental benefits.

Would otherwise have met the 3 basic conditions for having a benefit period established:  

  • valid agreement;
  • interruption in earnings; and
  • SE income exceeding minimum specified amount.

 

Initial EI sickness benefit claim filed.

An analysis of this case shows that an EI benefit period is deemed to begin the week commencing February 6, 2011, which is when the QPIP benefit period was established, because on that date, the self-employed person would otherwise have met the three basic conditions of parental benefit entitlement under the Act for the same period.  

Accordingly, the 25 weeks of QPIP benefits paid from February 6 to July 24, 2011, inclusive, must be counted. These 25 weeks of QPIP Special Plan parental benefits, multiplied by the applicable conversion factor of 1.28, is equivalent to 32 weeks of EI parental benefits.

This claimant can subsequently draw sickness benefits starting September 11, 2011, because the claimant meets the applicable entitlement conditions.

Example 5 – Self-employed person: QPIP benefits paid during an EI benefit period

A self-employed person claims and receives EI sickness benefits for seven weeks during which the person would otherwise have worked. The person then receives 18 weeks of maternity benefits under the QPIP Basic Plan, and claims more EI sickness benefits thereafter. 

Week(s) Calendar year preceding benefit claim: 2010 June 12, 2011 June 19 to Aug. 7, 2011, inclusive   Aug. 14, 2011 to Dec. 11, 2011, inclusive  Dec. 18, 2011
EMPLOYMENT $20,000 in self-employment income.        
QPIP           Maternity benefit claim – 18 weeks of Basic Plan benefits paid.  
EI   

Benefit period deemed to begin Feb 6, 2011, because person would otherwise have been entitled to EI parental benefits.

Would otherwise have met the 3 basic conditions for having a benefit period established:  

  • valid agreement;
  • interruption in earnings; and
  • SE income exceeding minimum specified amount.

7 weeks of sickness benefits.

Not entitled to EI benefits during QPIP.

Would otherwise have been entitled to EI maternity benefits.

Renewal EI sickness benefit claim.

An analysis of this case shows that the self-employed person met the three basic conditions for having their EI benefit period established as of June 12, 2011.

Since QPIP benefits were paid to the person during their EI benefit period, one must ask the following question: Had it not been for the QPIP benefits, would the person would otherwise have been entitled to draw EI maternity benefits having regard to the basic conditions that are set out in the Fairness for the Self-Employed Act in order to be eligible for special benefits and that were used to establish the person's EI benefit period?

Since the answer is yes, the 18 weeks of QPIP maternity benefits received when the person would otherwise have been entitled to EI maternity benefits will be counted in relation to the EI benefit period established as of June 12, 2011. The person will be able to continue receiving EI sickness benefits upon their renewal claim.

3.4.3   Principle relating to the sharing of benefits paid under different plans

The third broad principle arises from agreementsFootnote 86 with respect to persons who are caring for the same child but who do not reside in the same province at the time the first one of them makes a claim for benefits relating to the birth or adoption of that child under the Act or makes a claim for provincial benefits.

This may involve persons who are claiming benefits as an employed person or a self employed worker. The fact that the person who received provincial benefits may or may not have been entitled to receive the corresponding type of EI benefits is not a factor that needs to be taken into account here.

In fact, one parent resides outside Québec and the other resides in Québec at the beginning of the period for which the first parent – in most cases, the mother - files a claim for benefits for the birth or the adoption of a childFootnote 87.

QPIP is responsible then for the payment of benefits to the parent residing in Québec and EI is responsible for the parent residing outside Québec. Both parents can individually collect maternity or paternity benefits under their respective plans.

However, this is not the case for parental benefits and adoption benefits. If each parent were to individually collect weeks of parental or adoption benefits from his or her respective plans, this could give rise to a double payment of these types of benefits for the birth or adoption of the same child.

Canada and Québec have agreed in this context to an approach that will allow eligible parents to share the number of weeks of parental or adoption benefits payable to them under either EI or QPIP for a same birth or adoption of a child.

If the two parents plan to claim parental or adoption benefits under EI and QPIP respectively to take care of their child, they have to agree on the number of weeks of benefits to be shared between them.

For this purpose it has been agreed to use a principle of equivalence of benefits adapted to the specific benefit payments plans of the QPIP and the EI. It is necessary in this case to refer to the normal rules for converting benefit weeks that were developed in a previous sectionFootnote 88.

QPIP benefits for EI purposes

The calculation of the number of weeks of QPIP benefits for EI purposes is made on the basis of the benefit payment plan chosen by the QPIP parent.

If the QPIP parent decides to receive parental or adoption benefits under the basic plan, one (1) week of QPIP benefits is equivalent to one (1) week of EI benefits.

If the QPIP claimant decides to receive parental or adoption benefits under the special plan, one (1) week of QPIP benefits will be converted into its equivalent number of weeks of EI benefits of the same type.

The number of weeks of parental or adoption benefits that the QPIP parent intends to take, after conversion if under the special plan, will be taken into account and will limit by the same the number of weeks of EI parental benefits payable to the other EI parent.

The sum of these two numbers will be used for the purposes of calculating the maximum number of weeks of parental benefits payable to the EI parent for the birth or adoption, i.e. 35 weeksFootnote 89.

EI benefits for QPIP purposes

As there is no accelerated plan for the payment of EI benefits, one (1) week of EI parental benefits is considered equivalent to one (1) week of QPIP benefits under the basic plan.

This number of weeks of benefits to the EI parent will be retained and will limit by the same the number of weeks of parental or adoption benefits of the QPIP parent determined in accordance with the benefit payment plan chosen.

The sum of these two numbers will be used for the purposes of calculating the maximum number of weeks of parental benefits payable to the QPIP parent for the birth or adoption.

For the parent residing in Québec and covered by QPIP, there are two ceilings that cannot be exceeded in terms of the maximum number of weeks for a birth or an adoption:

  • 32 or 25 weeks of benefits for the birth of child, depending on whether the QPIP parent chose the basic or the special plan;
  • 37 or 28 weeks of benefits for the adoption of a child, depending on whether the QPIP parent chose the basic or the special plan.

For the parent residing outside Québec and covered by EI, there is one ceiling that cannot be exceeded, i.e., 35 weeks.

It should also be remembered that the sharing of benefits between the parents in this context is necessarily done with the parental or adoption benefits claimed in respect of the same childFootnote 90. Another birth or adoption may later occur for which the parents may want to claim benefits in respect of a period of time for which benefits are still payable for their first child. There is a specific rule for such concomitant eventsFootnote 91.

[ January 2011 ]

3.4.3.1   Agreement between parents on the sharing of benefits

Situations where parental or adoption benefits are shared between parents governed in the one case by the EI and in the other by the QPIP are not very common. It is essential in this case that one parent claim and be eligible to receive EI parental or adoption benefits and that the other parent claim and be entitled to provincial benefits, in this case, QPIP parental benefitsFootnote 92.

It is quite possible that there will be a delay between the first parent's claim for benefits from one plan and the other parent's claim from the other plan. Where the two parents plan to claim benefits from the EI and the QPIP respectively in order to care for their child, it is definitely desirable that they reach an agreement on the number of weeks of benefits to be shared between them.

It is important in this regard to give each parent his/her right to freely express his/her choice based on the agreement between them. The parents must decide how the number of weeks of parental or adoption benefits will be shared between them as soon as the first parent claims these benefits. However, a change can be made at any time before the benefits are paid in full.

Efforts are accordingly made to inform the parents of possible choices for sharingFootnote 93 and to verify if they have made an agreement or if there is a need for an administrative decision regarding the sharing because of the lack of an agreement between the parents.

There may also be a court order concerning the sharing of parental or adoption benefits between the parents resulting from a court judgment, in which case the sharing will be done in compliance with the order issued to that effect.

Where both parents cannot reach an agreement on the sharing of benefits between them, it will be the responsibility of the two program administrators to jointly divide up the number of weeks of parental or adoption benefits between the two parents pursuant to the provisions made under Québec's Parental Insurance Act and the Employment Insurance ActFootnote 94.

According to the regulationFootnote 95 made to this effect, the number of weeks of benefits that is to be shared between the parents is then established as follows:

  • if the number of weeks of benefits that the parent governed by the EI would otherwise be entitled to receive is an even number, the parent is entitled to half the number of weeks of benefits;
  • if this number is uneven:
    • if the parent governed by the EI claims first, he/she is entitled to one week of benefits in addition to half the remaining weeks,
    • if the parent governed by the provincial program, in this case the QPIP, claims first, the other parent, governed by the EI, is entitled to half the weeks of benefits remaining after deducting one week.

The administrators of the two plans may divide and share between the parents only the number of weeks of benefits remaining to them. If one of the parents has not used up the number of weeks of benefits to which he/she is entitled as a result of the sharing, the administrators of the two plans must obtain his/her agreement to allow the other parent to benefit from them.

In all cases, according to the regulation, the maximum number of weeks of benefits that can be paid to the parent governed by the EI may not be greater than the maximum number of 35 weeks, less the number of weeks of provincial benefits that have been paid to the parent governed by the provincial plan, taking into account, if applicable, any weeks of provincial benefits paid at the accelerated rate.

It is therefore necessary to take into account, where benefits are paid specifically under the QPIP, the converted valueFootnote 96 of these weeks in order to reach an equitable division between the two parents of the number of weeks of benefits payable to them by each plan.

[ Janaury 2011 ]

3.4.3.2   Possible options for sharing benefits between parents

Under the agreement between the administrators of the two programs, there are several options for sharing between parents - who are entitled to receive these benefits - depending on the type of benefits claimed, the benefit payment plan selected by the QPIP parent and the maximum number of weeks of parental or adoption benefits payable by EI and QPIP.

The four tables below illustrate the maximum number of weeks of benefits that parents can share between them and the maximum number of weeks of benefits that they can collect.

Parents can also choose not to collect the maximum number of weeks of benefits possible.

By definition, in order for parents to share benefits, each parent must take at least one week of parental or adoption benefits.

There is a special characteristic in some cases in that one or the other parent is granted a number of weeks of additional parental or adoption benefits in order to reach the maximum number of weeks allocated under EI and QPIP.

These additional weeks are shown in Plus column in the following four tables.

Possible sharing choices - Table no. 1
QPIP Parental benefits - Basic plan
Maximum number of 32 weeks 
EI Parental benefits
Maximum number of 35 weeks
   
QPIP Parent Conversion Factor EI Parent  
Shared week   Shared week Plus

1

-

31

3

2

-

30

3

3

-

29

3

4

-

28

3

5

-

27

3

6

-

26

3

7

-

25

3

8

-

24

3

9

-

23

3

10

-

22

3

11

-

21

3

12

-

20

3

13

-

19

3

14

-

18

3

15

-

17

3

16

-

16

3

17

-

15

3

18

-

14

3

19

-

13

3

20

-

12

3

21

-

11

3

22

-

10

3

23

-

9

3

24

-

8

3

25

-

7

3

26

-

6

3

27

-

5

3

28

-

4

3

29

-

3

3

30

-

2

3

31

-

1

3

The combined total of the shared weeks goes up to the lesser maximum, i.e. 32 weeks of parental benefits under QPIP. As EI can pay up to 35 weeks of parental benefits, the Plus column shows the additional weeks that the EI parent can take in order to reach the maximum provided under EI.

Possible sharing choices - Table no. 2 
QPIP Parental Benefits - Special plan
Maximum number of 25 accelerated weeks
EI Parental benefits
Maximum number of 35 weeks
   
QPIP Parent Conversion Factor EI Parent  
Shared Week   Shared Week Plus
1 1.28 24 10
2 2 x 1.28 = 2.56 rounded to 3 23 9
3 3 x 1.28 = 3.84 rounded to 4 22 9
4 4 x 1.28 = 5.12 rounded to 5 21 9
5 5 x 1.28 = 6.40 rounded to 6 20 9
6 6 x 1.28 = 7.68 rounded to 8 19 8
7 7 x 1.28 = 8.96 rounded to 9 18 8
8 8 x 1.28 = 10.24 rounded to 10 17 8
9 9 x 1.28 = 11.52 rounded to 12 16 7
10 10 x 1.28 = 12.80 rounded to 13 15 7
11 11 x 1.28 = 14.08 rounded to 14 14 7
12 12 x 1.28 = 15.36 rounded to 15 13 7
13 13 x 1.28 = 16.64 rounded to 17 12 6
14 14 x 1.28 = 17.92 rounded to 18 11 6
15 15 x 1.28 = 19.20 rounded to 19 10 6
16 16 x 1.28 = 20.48 rounded to 20 9 6
17 17 x 1.28 = 21.76 rounded to 22 8 5
18 18 x 1.28 = 23.04 rounded to 23 7 5
19 19 x 1.28 = 24.32 rounded to 24 6 5
20 20 x 1.28 = 25.60 rounded to 26 5 4
21 21 x 1.28 = 26.88 rounded to 27 4 4
22 22 x 1.28 = 28.16 rounded to 28 3 4
23 23 x 1.28 = 29.44 rounded to 29 2 4
24 24 x 1.28 = 30.72 rounded to 31 1 3

The combined total of the shared weeks goes up to the lesser maximum, i.e. 25 weeks of parental benefits under QPIP. As EI can pay up to 35 weeks of parental benefits, the Plus column shows the additional weeks that the EI parent can take in order to reach the maximum provided under EI.

Possible sharing choices - Table no. 3
QPIP Adoption benefits - Basic plan
Maximum number of 37 weeks
EI Parental benefits
Maximum number of 35 weeks
   
QPIP Parent Conversion Factor EI Parent  
Plus Shared Week   Shared Week

2

1

-

34

2

2

-

33

2

3

-

32

2

4

-

31

2

5

-

30

2

6

-

29

2

7

-

28

2

8

-

27

2

9

-

26

2

10

-

25

2

11

-

24

2

12

-

23

2

13

-

22

2

14

-

21

2

15

-

20

2

16

-

19

2

17

-

18

2

18

-

17

2

19

-

16

2

20

-

15

2

21

-

14

2

22

-

13

2

23

-

12

2

24

-

11

2

25

-

10

2

26

-

9

2

27

-

8

2

28

-

7

2

29

-

6

2

30

-

5

2

31

-

4

2

32

-

3

2

33

-

2

2

34

-

1

The combined total of the shared weeks goes up to the lesser maximum, i.e. 35 weeks of parental benefits under EI. As QPIP can pay up to 37 weeks of adoption benefits, the Plus column shows the additional weeks that the QPIP parent can take in order to reach the maximum provided under QPIP.

Possible sharing choices - Table no. 4
QPIP Adoption benefits – Special plan
Maximum number of 28 accelerated weeks
EI Parental benefits
Maximum number of 35 weeks
   
QPIP Parent Conversion Factor EI Parent  
Shared Week   Shared Week Plus

1

1 x 1.32 = 1.32  rounded to 1

27

7

2

2 x 1.32 = 2.64 rounded to 3

26

6

3

3 x 1.32 = 3.96  rounded to 4

25

6

4

4 x 1.32 = 5.28  rounded to 5

24

6

5

5 x 1.32 = 6.60  rounded to 7

23

5

6

6 x 1.32 = 7.92  rounded to 8

22

5

7

7 x 1.32 = 9.24  rounded to 9

21

5

8

8 x 1.32 = 10.56  rounded to 11

20

4

9

9 x 1.32 = 11.88  rounded to 12

19

4

10

10 x 1.32 = 13.20 rounded to 13

18

4

11

11 x 1.32 = 14.52 rounded to 15

17

3

12

12 x 1.32 = 15.84 rounded to 16

16

3

13

13 x 1.32 = 17.16 rounded to 17

15

3

14

14 x 1.32 = 18.48 rounded to 18

14

3

15

15 x 1.32 = 19.80 rounded to 20

13

2

16

16 x 1.32 = 21.12 rounded to 21

12

2

17

17 x 1.32 = 22.44 rounded to 22

11

2

18

18 x 1.32 = 23.76 rounded to 24

10

1

19

19 x 1.32 = 25.08 rounded to 25

9

1

20

20 x 1.32 = 26.40 rounded to 26

8

1

21

21 x 1.32 = 27.72 rounded to 28

7

-

22

22 x 1.32 = 29.04 rounded to 29

6

-

23

23 x 1.32 = 30.36 rounded to 30

5

-

24

24 x 1.32 = 31.68 rounded to 32

4

-

25

25 x 1.32 = 33.00 rounded to 33

3

-

26

26 x 1.32 = 34.32 rounded to 34

2

-

27

27 x 1.32 = 35.64 rounded to 36

1

-

The combined total of the shared weeks goes up to the lesser maximum, i.e. 28 weeks of adoption benefits under QPIP. As EI can pay up to 35 weeks of parental benefits, the Plus column shows the additional weeks that the EI parent can take in order to reach the maximum provided under EI.

Although the EI parent's total exceeds for the 4 last combinations the maximum number of 35 weeks provided for under the EI Program, it is to both parents' advantage and is justifiable for benefit-sharing purposes.

Footnotes

Footnote 1

Québec has, up until now, maintained this guarantee of equivalence for the years following the first year of implementation;

Return to footnote 1 referrer

Footnote 2

See Part 3 of this Appendix.

Return to footnote 2 referrer

Footnote 3

Refer to 2.1 for more information;

Return to footnote 3 referrer

Footnote 4

Refer to 2.2 and 2.3 for more information;

Return to footnote 4 referrer

Footnote 5

Refer to 2.2 and 2.3 for more information;

Return to footnote 5 referrer

Footnote 6

Refer to 2.4 for more information;

Return to footnote 6 referrer

Footnote 7

Refer to 2.5 for more information;

Return to footnote 7 referrer

Footnote 8

Refer to 3.4.3 for more information;

Return to footnote 8 referrer

Footnote 9

Refer to 3.4 for more information.

Return to footnote 9 referrer

Footnote 10

See Bill 140 establishing the Québec Parental Insurance Plan as well as Bill 108 amending it, enacted by the Québec National Assembly.

Return to footnote 10 referrer

Footnote 11

Bill C-56; refer to Digest Chapter 24.

Return to footnote 11 referrer

Footnote 12

Refer to EIR 76.23

Return to footnote 12 referrer

Footnote 13

Refer to 2.3;

Return to footnote 13 referrer

Footnote 14

This last principle applies pursuant to EIR 76.09(4) and (5) and EIR 76.36(4) and (5), which have been in force since January 1, 2011 for self-employed persons;

Return to footnote 14 referrer

Footnote 15

The rule agreed upon in similar situations is found in 2.5.

Return to footnote 15 referrer

Footnote 16

See 3.4.3 for more information concerning the sharing of parental or adoption benefits by parents receiving payments from both plans.

Return to footnote 16 referrer

Footnote 17

Refer to 2.2 for more information;

Return to footnote 17 referrer

Footnote 18

Refer to EIR 76.09 (2)76.16 and 76.17; refer to EIR 76.36(2), 76.37 and 76.38, which have been in force since January 1, 2011 for self-employed persons

Return to footnote 18 referrer

Footnote 19

This subject is discussed again in 3.3.2; Québec has up until now maintained this guarantee of equivalence in the years following the first year of implementation.

Return to footnote 19 referrer

Footnote 20

See 2.1 to 2.4;

Return to footnote 20 referrer

Footnote 21

Refer to 2.5.1.

Return to footnote 21 referrer

Footnote 22

Refer to 3.3

Return to footnote 22 referrer

Footnote 23

This is EIR 76.09; refer to 76.36, which has been in force since January 1, 2011 for self-employed persons.

Return to footnote 23 referrer

Footnote 24

Refer to 3.4.3 for more information concerning the sharing of parental or adoption benefits by parents who receive payments from both regimes.

Return to footnote 24 referrer

Footnote 25

Similar provisions have been made under the Fairness for the Self-Employed Act (Bill C-56) giving them access to special EI benefits—maternity, parental, sickness and compassionate care—effective January 2, 2011; refer to Chapter 24 of the Digest of Benefit Entitlement Principles;

Return to footnote 25 referrer

Footnote 26

Namely, subsection 23(3.5) of the EIA; refer to subsection 152.04(3) of the EIA for self-employed persons;

Return to footnote 26 referrer

Footnote 27

Namely, section 153.2 and 152.33 of the EIA;

Return to footnote 27 referrer

Footnote 28

This is EIR 76.01 to 76.08 inclusive based on subsections 69(2) and (3) of the EIA; refer also to EIR 76.31 to 76.35 specific to the self-employed persons;

Return to footnote 28 referrer

Footnote 29

This is EIR 76.09 to 76.23 inclusive;refer to EIR 76.36 to 76.43, which has been in force since January 1, 2011 for the self-employed persons;

Return to footnote 29 referrer

Footnote 30

Refer to EIR 40(6) and EIR 76.22

Return to footnote 30 referrer

Footnote 31

This is EIR 76.24 to 76.28 inclusive.

Return to footnote 31 referrer

Footnote 32

Similar regulations were adopted on January 1, 2011 for registered self-employed persons who have access to special EI benefits—maternity, parental, sickness and compassionate care.

Return to footnote 32 referrer

Footnote 33

This subject is discussed under sections 3.3.1 to 3.3.3 inclusive.

Return to footnote 33 referrer

Footnote 34

As worded in subsection (1) of EIR 76.09; a similar provision was included in subsection (1) of EIR 76.36, which came into force on January 1, 2011 for the self-employed persons

Return to footnote 34 referrer

Footnote 35

Refer to sections 2.1 to 2.5

Return to footnote 35 referrer

Footnote 36

Under subsection (2) of EIR 76.09; a similar provision was included in subsection (2) of EIR 76.36, which came into force on January 1, 2011 for the self employed persons

Return to footnote 36 referrer

Footnote 37

This subject is dealt with in 2.4;

Return to footnote 37 referrer

Footnote 38

Pursuant to EIR 76.16 and 76.17; a similar provision was included in EIR 76.37 and 76.38, which came into force on January 1, 2011 for the self-employed persons

Return to footnote 38 referrer

Footnote 39

At 1922(5) and 23(3.5) of the EIA; refer to 152.18, 152.04(4) and 152.04(3) respectively of the EIA for self-employed persons.

Return to footnote 39 referrer

Footnote 40

Québec has up until now maintained this guarantee of equivalence in the years following the first year of implementation.

Return to footnote 40 referrer

Footnote 41

Under subsection (3) of EIR 76.09; a similar provision was included in subsection (3) of EIR 76.36, which came into force on January 1, 2011 for self-employed persons;  

Return to footnote 41 referrer

Footnote 42

i.e., subsections (1) and (2) of the EIR 76.09; a similar provision was included in subsections (1) and (2) of EIR 76.36, which came into force on January 1, 2011 for self-employed persons.

Return to footnote 42 referrer

Footnote 43

Namely, EIR 76.1 to 76.14 inclusive and 76.19; refer also to EIR 76.4, which came into force on January 1, 2011 for self-employed persons.

Return to footnote 43 referrer

Footnote 44

In the five situations described in 3.4.1.1 to 3.4.1.5;

Return to footnote 44 referrer

Footnote 45

In the three situations described in 3.4.2.1 and 3.4.2.2 and 3.4.2.3;

Return to footnote 45 referrer

Footnote 46

In the situation described in 3.4.3

Return to footnote 46 referrer

Footnote 47

Described in 3.4.1.1 to 3.4.3;

Return to footnote 47 referrer

Footnote 48

Under EIR 76.18; refer to EIR 76.39, which came into force on January 1, 2011 for self-employed persons;

Return to footnote 48 referrer

Footnote 49

Under Bill C-56 on fairness for the self-employed, giving them access to special EI benefits, effective January 2, 2011;

Return to footnote 49 referrer

Footnote 50

See sections 3.4.2.3 and 3.4.3.

Return to footnote 50 referrer

Footnote 51

Pursuant to subsection 76.12 (1) of the EIR, amended January 1, 2011;

Return to footnote 51 referrer

Footnote 52

Paragraph 7(4) (c) of the EIA and paragraph 12(1) (a) of the EIR.

Return to footnote 52 referrer

Footnote 53

Pursuant to EIR 76.13, amended January 1, 2011;

Return to footnote 53 referrer

Footnote 54

Pursuant to subsection 8(5) of the EIA.

Return to footnote 54 referrer

Footnote 55

Pursuant to subsection 76.12(2) of the EIR, amended January 1, 2011;

Return to footnote 55 referrer

Footnote 56

Paragraph 12(2)(d) of the EIR;

Return to footnote 56 referrer

Footnote 57

Paragraph 14(4) of the EIA.

Return to footnote 57 referrer

Footnote 58

EIR 76.14

Return to footnote 58 referrer

Footnote 59

Under subsections 10(13), (13.1), (13.2) or (13.3) of the Act.

Return to footnote 59 referrer

Footnote 60

EIR 76.15

Return to footnote 60 referrer

Footnote 61

Under subsection 10(12) of the EIA;

Return to footnote 61 referrer

Footnote 62

In subsection 23(2) of the EIA;

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Footnote 63

Bill C-13 – the Fairness for Military Families Act received royal assent on June 29, 2010. These amendments apply to claims for benefits that began on or after July 13, 2008.

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Footnote 64

See 3.4.2.1, 3.4.2.2 and 3.4.2.3.

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Footnote 65

Pursuant to subsection 76.1(1) of the EIR, amended on January 1, 2011;

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Footnote 66

For the application of subsection 7(4.1) of the EIA;

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Footnote 67

Pursuant to subsection 7(2) of the EIA;

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Footnote 68

Under the EIR 76.1(2).

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Footnote 69

EIR 76.11

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Footnote 70

For the application of paragraph 58(1)(b) of the EIA;

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Footnote 71

Under Bill C-56, Fairness for the Self-Employed, giving them access to EI special benefits effective January 2, 2011.

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Footnote 72

See subsections 76.19(1) and (1.1), as well as subsections 76.4(1) and (2) of the EIR, which came into force on January 1, 2011. Authority to make these amendments is conferred under sections 69, 152.33 and 153.2 of the EIA;

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Footnote 73

For the purposes of paragraphs 12(3)(a) and (b) or paragraphs 152.14(1)(a) and (b) of the Act, and for the purposes of subsection 12(4) or subsection 152.14(2) of the Act;

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Footnote 74

Subsections 76.19(2) and 76.4(3) of the EIR;

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Footnote 75

As set out in subsections 76.19(3) and 76.4(4) of the EIR;

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Footnote 76

Subsections 76(2) and 76.41;

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Footnote 77

In subsection 12(5) of the EIA as benefits paid for more than one of the reasons listed in subsection 12(3) of the EIA;

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Footnote 78

In subsection 12(6) of the EIA as benefits paid for one or more of the reasons listed in subsection 12(3) of the EIA;

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Footnote 79

Subsection 76.19(1) of the EIR;

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Footnote 80

For the purposes of paragraphs 12(3)(a) and (b) and subsection 12(4) of the Act;

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Footnote 81

Subsection 76.4(1) of the EIR;

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Footnote 82

Subsections 76.19(1.1) and 76.4(2) of the EIR;

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Footnote 83

Subsection 76.19(1.1) of the EIR;

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Footnote 84

For purposes of paragraphs 12(3)(a) and (b) of the Act and subsection 12(4) of the Act;

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Footnote 85

Subsection 76.4(2) of the EIR.

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Footnote 86

EIR 76.21 and 76.42

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Footnote 87

Refer to 2.3

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Footnote 88

Refer to 3.4.2.3;

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Footnote 89

EIR 76.21(3)76.42(3)

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Footnote 90

EIR 76.21(1) and 76.42(1);

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Footnote 91

Refer to 2.5.

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Footnote 92

EIR 76.21(2); EIR 76.42(2);

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Footnote 93

Refer to 3.4.3.2;

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Footnote 94

EIR 76.21(2) and  EIR 76.42(2);

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Footnote 95

EIR 76.21(3) and  EIR 76.42(3)

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Footnote 96

Refer to 3.4.2.3

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