Employment Insurance Act and Employment Insurance Fishing Regulations Amendments - Bill C-49

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BILL C- 49

Budget Implementation Act, 2001
[Assented to 27th March, 2002]

An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001.

Official version published in the Canada Gazette Part III, Vol. 25, No 1, May 2, 2002, Chapter 9

PARTIAL SUMMARY

Part 3 amends the Employment Insurance Act and the Employment Insurance (Fishing) Regulations to extend the benefit period and the entitlement to special benefits for maternity claimants who, without the amendment, could not receive all of their special benefits. It also amends the Act and the Regulations to extend the benefit period and the period during which a claimant may receive parental benefits, if the claimant's child is hospitalized. It also makes related amendments to the Canada Labour Code to give employees an option as to when their parental leave begins.

SHORT TITLE

This Act may be cited as the Budget Implementation Act, 2001.

The sections of Bill C-49 relating to the Employment Insurance Act and the Employment Insurance (Fishing) Regulations are as follows:

PART 3
EMPLOYMENT INSURANCE
Employment Insurance Act (1996, c. 23)

12. (1) Subsection 10(2) of the Employment Insurance Act is replaced by the following:

Length of benefit period

(2) The length of a benefit period is 52 weeks, except as otherwise provided in subsections (10) to (15) and section 24.

(2) Paragraph 10(8)(a) of the Act is replaced by the following:

(a) no further benefits are payable to the claimant in their benefit period, including for the reason that benefits have been paid for the maximum number of weeks for which benefits may be paid under section 12;

(3) Subsection 10(8) of the Act is amended by adding the word ''or'' at the end of paragraph (b) and by repealing paragraph (c).

(4) Subsection 10(12) of the Act is replaced by the following:

Extension of benefit period - children in hospital

(12) If the child or children referred to in subsection 23(1) are hospitalized during the period referred to in subsection 23(2), the benefit period is extended by the number of weeks during which the child or children are hospitalized.

Extension of benefit period - special benefits

(13) If, during a claimant's benefit period,

1. regular benefits were not paid to the claimant,
2. benefits were paid because of the three reasons mentioned in subsection12(3), and
3. with respect to the reasons mentioned in paragraphs 12(3)(b) and (c), benefits were not paid for the maximum number of weeks established for those reasons,

the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of those paragraphs.

Maximum extension under subsections (10) to (13)

(14) Subject to subsection (15), no extension under any of subsections (10) to (13) may result in a benefit period of more than 104 weeks.

Maximum extension under subsection (13)

(15) No extension under subsection (13) may result in a benefit period of more than 67 weeks, unless the benefit period is also extended under any of subsections (10) to (12).
1996, c. 23, s. 10; 2002, c. 9, s. 12

13. Subsection 12(5) of the Act is replaced by the following:

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. If the benefit period is extended under subsection 10(13), the maximum number of combined weeks is 65.
2002, c. 9, s. 13

14. Section 23 of the Act is amended by adding the following after subsection (2):

Extension of period - children in hospital

(3) If the child or children referred to in subsection (1) are hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child or children are hospitalized.

Limitation

(3.1) No extension under subsection (3) may result in the period being longer than 104 weeks.

Extension of period - special benefits

(3.2) If, during a claimant's benefit period,

1. regular benefits were not paid to the claimant,
2. benefits were paid because of the three reasons mentioned in subsection 12(3), and
3. with respect to the reason mentioned in paragraph 12(3)(b), benefits were not paid for the maximum number of weeks established for that reason,

the period referred to in subsection (2) is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for that reason.

Limitation

(3.3) No extension under subsection (3.2) may result in the period being longer than 67 weeks or, if the benefit period is extended under any of subsections 10(10) to (13), 104 weeks.
2002, c. 9, s. 14

Transitional Provision

15. (1) Subsections 10(12) and 23(3) of the Employment Insurance Act, as enacted by subsection 12(4) and section 14, respectively, of this Act, apply to a claimant for any benefit period that begins on or after the day on which this Act receives royal assent.

(2) Subsections 10(13) and 23(3.2) of the Employment Insurance Act, as enacted by subsection 12(4) and section 14, respectively, of this Act, apply to a claimant for any benefit period that has not ended before March 3, 2002 or that begins on or after that date.

Employment Insurance (Fishing) Regulations (SOR/96-445)

16. (1) Section 8 of the Employment Insurance (Fishing) Regulations is amended by adding the following after subsection (11.1):

(11.2) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), if, during the period referred to in subsection 23(2) of the Act, the child or children referred to in subsection 23(1) of the Act are hospitalized, the fisher's benefit period is extended by the number of weeks during which the child or children are hospitalized.

(11.3) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher's benefit period,

1. benefits were not paid to the fisher under subsection (12),
2. benefits were paid because of the three reasons mentioned in subsection 12(3) of the Act, and
3. with respect to the reasons mentioned in paragraphs 12(3)(b) and (c) of the Act, benefits were not paid for the maximum number of weeks established for those reasons, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of those paragraphs.

(11.4) Subject to subsection (11.5), no extension under any of subsections (11.1) to (11.3) may result in a benefit period of more than 104 weeks.

(11.5) No extension under subsection (11.3) may result in a benefit period of more than 67 weeks, unless the benefit period is also extended under subsection (11.1) or (11.2).

(2) Subsection 8(14) of the Regulations is replaced by the following:

(14) No benefit period established under subsection (1) or (6) shall be extended beyond the date determined in accordance with any of subsections (11) to (11.3).

(3) Section 8 of the Regulations is amended by adding the following after subsection (17):

(17.1) For the purpose of subsection (17), the reference in subsection 12(5) of the Act to subsection 10(13) of the Act is to be read as a reference to subsection (11.3) of this section.
2002, c. 9, s. 16

(4) Subsection 8(11.2) of the Regulations, as enacted by subsection (1), applies to a fisher for any benefit period that begins on or after the day on which this Act receives royal assent.

(5) Subsection 8(11.3) of the Regulations, as enacted by subsection (1), applies to a fisher for any benefit period that has not ended before March 3, 2002 or that begins on or after that date.

Related Amendments (R.S., c. L-2)

Canada Labour Code

17. Subsection 206.1(2) of the Canada Labour Code is replaced by the following:

Period when leave may be taken

(2) The leave of absence may only be taken during the fifty-two week period beginning

1. in the case of a new-born child of the employee, at the option of the employee, on the day the child is born or comes into the actual care of the employee; and
2. in the case of an adoption, on the day the child comes into the actual care of the employee.
   2000, c. 14, s. 42 

18. Subsection 206.1(2) of the Act, as enacted by section 43 of the Budget Implementation Act, 2000, chapter 14 of the Statutes of Canada, 2000, is replaced by the following:

Period when leave may be taken

(2) The leave of absence may only be taken during the fifty-two week period beginning

1. in the case of a child described in paragraph (1)(a), at the option of the employee, on the day the child is born or comes into the actual care of the employee;
2. in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee; and
3. in the case of a child described in paragraph (1)(c), on the day the requirements referred to in that paragraph are met.

Coming into Force

19. (1) Subject to subsection (2), the provisions of this Part or the provisions of any Act enacted by this Part come into force or are deemed to have come into force on a day or days to be fixed by order of the Governor in Council.

Section 16

(2) Despite section 153 of the Employment Insurance Act, section 16 comes into force on a day or days to be fixed by order of the Governor in Council.

EXPLANATORY NOTE
(This note is not part of the Bill)

SI/2002-76 fixes April 17, 2002 as the day on which sections 12 to 18 of the Budget Implementation Act, 2001 come into force.