Employment Insurance Regulations - Part I - Unemployment Benefits

The following information is out of date.

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Current EI (Main) Regulations

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41. (1)  For the purpose of section 22 and 152.04 of the Act, the information and evidence to be provided to the Commission by a claimant to prove pregnancy and the expected date of confinement is

1. a statement signed by the claimant attesting to her pregnancy and declaring her expected date of confinement; and
2. information regarding the actual date of the birth of the child, provided by the claimant to the Commission in person, by mail or by telephone as soon as is reasonably possible after the birth of the child.

(2)  For the purposes of paragraph 8(2)(a) of the Act, a pregnancy is any pregnancy that renders a claimant incapable of performing the duties of her regular or usual employment or of other suitable employment.

SOR/2010-10, s. 21

Compassionate Care Benefits

Care and Support Defined for Compassionate Care Benefits

41.1 A claimant is providing care or support to a family member when they:

1. directly provide or participate in providing care to the family member.
2. provide psychological or emotional support to the family member; or
3. arrange for the care of the family member by a third party care provider.

Classes of Persons Included in the Definition "Family Member" for Compassionate Care Benefits

41.11 (1) The following definitions apply in this section.

"guardian" means a person having a legally recognized authority to act on behalf of a minor or disabled adult and includes a mandatary in case of incapacity, tutor and curator. (tuteur)

"ward" means a person for whom a guardian is appointed. (pupille)

(2) The following classes of persons, in relation to an individual, are prescribed for the purposes of paragraph 23.1(1)(d) of the Act and paragraph (d) of the definition “family member” in subsection 152.01(1) of the Act:

1. a child of the individual's parent or a child of the spouse or common-law partner of the individual's parent;
2. a grandparent of the individual or of the individual's spouse or common-law partner or the spouse or common-law partner of the individual's grandparent;
3. a grandchild of the individual or of the individual's spouse or common-law partner or the spouse or common-law partner of the individual's grandchild;
4. the spouse or common-law partner of the individual's child or of the child of the individual's spouse or common-law partner;
5. a parent, or the spouse or common-law partner of a parent, of the individual's spouse or common-law partner;
6. (the spouse or common-law partner of a child of the individual's parent or of a child of the spouse or common-law partner of the individual's parent;
7. a child of a parent of the individual's spouse or common-law partner or a child of the spouse or common-law partner of the parent of the individual's spouse or common-law partner;
8. an uncle or aunt of the individual or of the individual's spouse or common-law partner or the spouse or common-law partner of the individual's uncle or aunt;
9. a nephew or niece of the individual or of the individual's spouse or common-law partner or the spouse or common-law partner of the individual's nephew or niece;
10. a current or former foster parent of the individual or of the individual's spouse or common-law partner;
11. a current or former foster child of the individual or the spouse or common-law partner of that child;
12. a current or former ward of the individual or of the individual's spouse or common-law partner;
13. a current or former guardian of the individual or the spouse or common-law partner of that guardian;
14. in the case of an individual who has the serious medical condition, a person, whether or not related to the individual by blood, adoption, marriage or common-law partnership, whom the individual considers to be like a close relative; and
15. in the case of an individual who is the claimant, a person, whether or not related to the individual by blood, adoption, marriage or common-law partnership, who considers the individual to be like a close relative.

SOR/2010-10, s. 22

Certificate Issued by a Medical Practitioner

41.2 For the purpose of subsections 23.1(3) and 152.06(2) of the Act, the medical certificate referred to in subsections 23.1(2) and 152.06(1) of the Act may be issued by the following persons:

1. if the family member in need of care or support is in a geographic location in Canada where treatment by a medical doctor is not readily available, a medical practitioner designated by a medical doctor to provide treatment to the family member;
2. if the family member in need of care or support is outside Canada, a medical doctor who is recognized by the appropriate government authority and has qualifications that are substantially similar to those of a medical doctor in Canada or, if the family member in need of care or support is in a geographic location outside Canada where treatment by a medical doctor is not readily available, a medical practitioner designated by that medical doctor to provide treatment to the family member.

SOR/2010-10, s. 23

Division of Compassionate Care Benefits

41.3 For the purposes of subsections 23.1(9) and 152.06(7) of the Act, the remaining weeks of unpaid benefits shall be divided as follows:

1. if the number of weeks of unpaid benefits equals the number of eligible claimants, each eligible claimant will be paid a week of benefits;
2. if the number of weeks of unpaid benefits is more than the number of eligible claimants, a week of benefits will be paid to eligible claimants in turn starting with the first family member to make a claim until all the weeks have been exhausted; or
3. if the number of weeks of unpaid benefits is less than the number of eligible claimants, a week of benefits will be paid to eligible claimants in turn starting with the first family member to make a claim until all the weeks have been exhausted.

SOR/2003-393, s. 9; SOR/2006-135, s. 1, SOR/2010-10, s. 24.