Employment Insurance Act - Amendments - Bill C-32

The following information is out of date.

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PAST AMENDMENTS TO THE EMPLOYMENT INSURANCE ACT

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BILL C-32 – Budget Implementation Act, 2000

An Act to implement certain provisions of the budget tabled in Parliament on February 28, 2000.

[Assented to 29 ^th June, 2000]

Official version published in the Canada Gazette Part III – Vol.23, No 3 – August 9, 2000, Chapter 14.

SUMMARY

PART 1

Part 1 amends the Employment Insurance Act to allow parents of a child born or placed in their care for adoption after December 30, 2000, to receive benefits for up to one year while caring for the child. The number of weeks of parental benefits is increased to 35 weeks and the number for a combination of special benefits (maternity, parental and sickness) is increased to 50. Access to special benefits is improved by reducing qualification from 700 to 600 hours of insurable employment. Parents will continue to be able to split the 35 weeks of parental benefits with only one waiting period required between them. As is the case for regular employment insurance benefits, parents may have earnings of up to 25% of their weekly benefit or $50, whichever is higher, without affecting their parental benefits.

The sections of Bill C-32 relating to the Employment Insurance Act are as follows:

SHORT TITLE

1. This Act may be cited as the Budget Implementation Act, 2000.

PART 1

EMPLOYMENT INSURANCE

Employment Insurance Act (1996, c. 23)

General Amendments

2. The definitions "major attachment claimant" and "minor attachment claimant" in subsection 6(1) of the Employment Insurance Act are replaced by the following:

"major attachment claimant"

"major attachment claimant" means a claimant who qualifies to receive benefits and has 600 or more hours of insurable employment in their qualifying period;

"minor attachment claimant"

"minor attachment claimant" means a claimant who qualifies to receive benefits and has fewer than 600 hours of insurable employment in their qualifying period;

3. (1) The portion of subsection 12(3) of the Act before paragraph (a) is replaced by the following:

Maximum - special benefits

(3) The maximum number of weeks for which benefits may be paid in a benefit period

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

b. because the claimant is caring for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption is 35; and

(3) Subsections 12(4) to (7) of the Act are replaced by the following:

Maximum special benefits

(4) The maximum number of weeks for which benefits may be paid (a) for a single pregnancy is 15; and (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is 35.

Combined weeks of benefits

(5) In a claimant's benefit period, the claimant may combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50.

(6) In a claimant's benefit period, the claimant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsections (2) and (3), but the total number of weeks of benefits shall not exceed 50.

4. (1) Subsection 23(3) of the Act is repealed. (2) Section 23 of the Act is amended by adding the following after subsection (4):

Deferral of waiting period

(5) A major attachment claimant who makes a claim for benefits under thissection may have his or her waiting period deferred until he or she makes another claim for benefits in the same benefit period, otherwise than under section 22 orthis section, if

1. the claimant has already made a claim for benefits under section 22 or this section in respect of the same child and has served the waiting period;
2. another major attachment claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving his or her waiting period;
3. another major attachment claimant is making a claim for benefits under section 22 or this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or
4. the claimant or another major attachment claimant meets the prescribed requirements.

5. The title of Part VIII.1 of the Act is replaced by the following:

ALTERNATE ACCESS TO SPECIAL BENEFITS

6. (1) The portion of subsection 153.1(1) of the Act before paragraph (a) is replaced by the following:

Regulations

153.1 (1) Despite anything in this Act, the Commission shall, with the approval of the Governor in Council, make any regulations it considers necessary respecting the establishment and operation of a scheme to ensure that special benefits are provided to insured persons who have at least 600 hours of insurable employment in their qualifying period but who do not qualify to receive benefits under section 7, including regulations

(2) Subsection 153.1(3) of the Act is replaced by the following:

Limitation

(3) The scheme established by the regulations may not provide special benefits to persons who are subject to an increase under section 7.1 in the number of hours of insurable employment required to qualify for benefits.

Interim Provisions

Births and adoptions before December 31, 2000

7. With respect to a claimant to whom a child is born or in whose care a child is placed for adoption before December 31, 2000, (a) the following provisions of the Act, as they read immediately before the coming into force of sections 2, 3, 5 and 6 of this Act, apply:

1. the definitions ``major attachment claimant'' and ``minor attachment claimant'' in subsection 6(1),
2. the portion of subsection 12(3) before paragraph (a),
3. paragraph 12(3)(b),
4. subsections 12(4) to (6),
5. the title of Part VIII.1,
6. the portion of subsection 153.1(1) before paragraph (a), and
7. subsection 153.1(3); and

b. subsection 12(7) of the Act, as it read immediately before the coming into force of subsection 3(3), is replaced by the following:

Extension of maximum

(7) The maximum number of 10 weeks specified in paragraphs (3)(b) and (4)(b) is extended to 15 weeks if a medical practitioner or the agency that placed the child certifies that the child suffers from a physical, psychological or emotional condition that requires an additional period of parental care.

Section 21

8. For the purposes of section 21 of the Act, the amendments in section 2 and subsection 3(3) do not apply to a claimant who, before December 31, 2000, becomes unable to work because of illness, injury or quarantine.

Section 23

9. For the purposes of section 23 of the Act, the amendments in section 4 do not apply to a claimant

1. to whom a child is born or in whose care a child is placed for adoption before December 31, 2000; or
2. who, before December 31, 2000, meets the requirements set out in the regulations made under paragraph 54(f.1) of the Act, as enacted by section 109 of Bill C-23, introduced in the 2nd Session of the 36th Parliament and entitled the Modernization of Benefits and Obligations Act, if that Act receives royal assent.

Conditional Amendment

Bill C-23

10. If Bill C-23, introduced in the 2nd Session of the 36th Parliament and entitled the Modernization of Benefits and Obligations Act (the ``other Act''), receives royal assent, then on the later of the coming into force of section 107 of the other Act and the coming into force of section 4 of this Act, subsection 23(5) of the Employment Insurance Act is replaced by the following:

Interpretation

(5) Subsections 12(3) to (8) and subparagraph 58(1)(b)(ii) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).

Deferral of waiting period

(6) A major attachment claimant who makes a claim for benefits under thissection may have his or her waiting period deferred until he or she makes another claim for benefits in the same benefit period, otherwise than under section 22 or this section, if

1. the claimant has already made a claim for benefits under section 22 or this section in respect of the same child and has served the waiting period;
2. another major attachment claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving his or her waiting period;
3. another major attachment claimant is making a claim for benefits under section 22 or this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or
4. the claimant or another major attachment claimant meets the prescribed requirements.

Coming into Force

11. Sections 2 to 6 come into force on December 31, 2000.