Bill C-28

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	(a) regular benefits were not paid to the claimant,
	(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and
	(c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),
	the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.
Extension of period - special benefits	(3.22) If, during a claimant's benefit period,
	(a) regular benefits were not paid to the claimant,
	(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and
	(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraph 12(3)(b),
	the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.
Extension of period - special benefits	(3.23) If, during a claimant's benefit period,
	(a) regular benefits were not paid to the claimant,
	(b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and
	(c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),
	the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.
Limitation	(3.3) No extension under any of the following provisions may result in the period referred to in subsection (2) being longer than the specified number of weeks:
	(a) for an extension under subsection (3.2), 67 weeks;
	(b) for an extension under subsection (3.21) or (3.22), 58 weeks; and
	(c) for an extension under subsection (3.23), 73 weeks.
Limitation	(3.4) No extension under any of subsections 10(10) to (13.3) may result in the period referred to in subsection (2) being longer than 104 weeks.
	19. The Act is amended by adding the following after section 23:
Definition	23.1 (1) In this section, ``family member'', in relation to an individual, means
	(a) a spouse or common-law partner of the individual;
	(b) a child of the individual or a child of the individual's spouse or common-law partner;
	(c) a parent of the individual or a spouse or common-law partner of the parent; and
	(d) any other person who is a member of a class of persons prescribed for the purposes of this definition.
Compassionat e care benefits	(2) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor has issued a certificate stating that
	(a) a family member of the claimant has a serious medical condition with a significant risk of death within 26 weeks
	(i) from the day the certificate is issued,
	(ii) in the case of a claim that is made before the day the certificate is issued, from the day from which the medical doctor certifies the family member's medical condition, or
	(iii) in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), from that earlier day; and
	(b) the family member requires the care or support of one or more other family members.
Medical practitioner	(3) In the circumstances set out in the regulations, the certificate required under subsection (2) may be issued by a member of a prescribed class of medical practitioners.
Weeks for which benefits may be paid	(4) Subject to section 12, benefits under this section are payable for each week of unemployment in the period
	(a) that begins with the first day of the week in which the following falls, namely,
	(i) the day of issuance of the first certificate in respect of the family member that meets the requirements of subsection (2) and is filed with the Commission,
	(ii) in the case of a claim that is made before the day the certificate is issued, the day from which the medical doctor certifies the family member's medical condition, or
	(iii) in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), that earlier day; and
	(b) that ends on the last day of the week in which any of the following occurs, namely,
	(i) all benefits payable under this section in respect of the family member are exhausted,
	(ii) the family member dies, or
	(iii) the expiration of 26 weeks following the first day of the week referred to in paragraph (a).
Shorter period	(5) If a shorter period is prescribed for the purposes of this section,
	(a) the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and
	(b) that period applies for the purposes of subparagraph (4)(b)(iii).
Exception	(6) Subparagraph (4)(a)(ii) does not apply to a claim if
	(a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;
	(b) the beginning of the period referred to in subsection (4) has already been determined with respect to the family member, and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or
	(c) the claim is made in any other circumstances set out in the regulations.
Deferral of waiting period	(7) A claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if
	(a) another claimant has made a claim for benefits under this section in respect of the same family member during the period described in subsection (4) and that other claimant has served or is serving their waiting period in respect of that claim;
	(b) another claimant is making a claim for benefits under this section in respect of the same family member at the same time as the claimant and that other claimant elects to serve the waiting period; or
	(c) the claimant or another claimant meets the prescribed requirements.
Division of weeks of benefits	(8) If more than one claimant makes a claim for benefits under this section in respect of the same family member, any remaining weeks of benefits payable under this section may be divided in the manner agreed to by those claimants.
Failure to agree	(9) If the claimants referred to in subsection (8) cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
Limitation	(10) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed.
	20. (1) Section 54 of the Act is amended by adding the following after paragraph (c.1):
	(c.2) setting out circumstances for the purposes of paragraphs 10(5.1)(c) and 23.1(6)(c);
	(2) Section 54 of the Act is amended by adding the following before paragraph (g):
	(f.2) prescribing classes of persons for the purposes of paragraph 23.1(1)(d);
	(f.3) defining and determining what is care or support for the purposes of paragraph 23.1(2)(b);
	(f.4) prescribing classes of medical practitioners for the purposes of subsection 23.1(3) and setting out the circumstances in which a certificate may be issued by them under subsection 23.1(2);
	(f.5) prescribing a shorter period for the purposes of subsection 23.1(5) and prescribing a minimum number of weeks in relation to that shorter period for the purposes of subsection 12(4.3);
	(f.6) prescribing requirements for the purposes of paragraph 23.1(7)(c);
	(f.7) prescribing rules for the purposes of subsection 23.1(9);
2001, c. 5, s. 10	21. Section 67 of the Act is replaced by the following:
Premium rate for 2004	66.2 Notwithstanding section 66, the premium rate for the year 2004 is 1.98%.
Employee's premium	67. Subject to section 70, a person employed in insurable employment shall pay, by deduction as provided in subsection 82(1), a premium equal to their insurable earnings multiplied by the premium rate set under section 66, 66.1 or 66.2, as the case may be.
	22. (1) Paragraph 69(1)(a) of the Act is replaced by the following:
	(a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a plan that covers insured persons employed by the employer, other than one established under provincial law, would have the effect of reducing the special benefits payable to the insured persons; and
	(2) Subsection 69(2) of the Act is replaced by the following:
Provincial plans	(2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer's and employee's premiums when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a provincial law to insured persons would have the effect of reducing or eliminating the special benefits payable to those insured persons.
	(3) Section 69 of the Act is amended by adding the following after subsection (5):
Definition	(6) The reference to the payment of allowances, money or other benefits because of compassionate care in subsections (1) and (2) means the payment of allowances, money or other benefits for the same or substantially the same reasons for which benefits are payable under section 23.1.
SOR/96-445	Employment Insurance (Fishing) Regulations
SOR/2001-74	*23. (1) Subsection 8(11.1) of the Employment Insurance (Fishing) Regulations* is replaced by the following:**
	(11.1) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), the benefit period of a fisher shall be extended by one week for each week in respect of which the fisher is entitled to special benefits under section 21, 22, 23 or 23.1 of the Act, but shall not exceed a maximum of 52 weeks.
2002, c. 9, s. 16(1)	(2) Subsections 8(11.3) to (11.5) of the Regulations are replaced by the following:
	(11.3) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher's benefit period,
	(a) benefits were not paid to the fisher under subsection (12),
	(b) benefits were paid because of the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act, and
	(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act,
	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 paragraphs 12(3)(a), (b) and (c) of the Act.
	(11.31) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher's benefit period,
	(a) benefits were not paid to the fisher under subsection (12),
	(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d) of the Act, 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 fisher for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d) of the Act.
	(11.32) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher's benefit period,
	(a) benefits were not paid to the fisher under subsection (12),
	(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act, and
	(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act,
	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 paragraphs 12(3)(a), (b) and (d) of the Act.
	(11.33) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher's benefit period,
	(a) benefits were not paid to the fisher under subsection (12),
	(b) benefits were paid because of all of the reasons mentioned in subsection 12(3) of the Act, and
	(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d) of the Act,
	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 those paragraphs.

Bill C-28

Employment Insurance (Fishing) Regulations