Bill C-493

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First Reading

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	2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
	The House of Commons of Canada
	BILL C-493
	An Act to amend the Employment Insurance Act (persons who leave employment to be care-givers to family members)
1996, c. 23; 1997, c. 26; 1998, cc. 19, 21; 1999, c. 17	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. The Employment Insurance Act* is amended by adding the following after section 23:**
Definitions	23.1 (1) The definitions in this subsection apply in this section.
``care-giver'' « aidant naturel »	``care-giver'' means a person who leaves employment voluntarily care facility or home, or whose employment is terminated because the person is unable to carry out work or attend work at the times required by the employer by reason of caring for a member of the person's family, who
	(a) has an impairment as defined in section 118.3 of the Income Tax Act, and
	(b) is not an in-patient in a medical facility or a resident of a long term care facility or home.
``family'' « famille »	``family'' includes a spouse, child or grandchild, parent, grandparent, sibling, aunt, uncle, or a person in a similar relationship with a person as a result of
	(a) marriage; or
	(b) a common law spousal relationship,
Care-giver benefits	(2) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant who is a care-giver.
Weeks for which benefits may be paid	(3) Subject to section 12, benefits under this section are payable for each week of unemployment in the period
	(a) that begins with the week in which the claimant becomes a care-giver; and
	(b) that ends with the week the claimant ceases to be a care-giver.
16 week limit	(4) Subject to subsection (5), no benefit is payable to a major attachment claimant under this section in respect of being a care-giver for more than 52 weeks in total in one or more periods in any two year period.
Extension with certificate	(5) Notwithstanding subsection (4), if a physician has certified, in the prescribed form, that the care provided by the care-giver:
	(a) continues to be necessary for the health and safety of the person with the impairment, and
	(b) has made it possible for the person with the impairment to avoid becoming an in-patient at a medical facility or a resident of a long term care facility or home,
	the period for which the major attachment claimant may be paid a benefit shall be extended for the period set by the regulations.
Earnings deducted	(6) If benefits are payable to a major attachment claimant under this section and earnings are received by the claimant for a period that falls in a week in the period described in subsection (2), the provisions of subsection 19(2) do not apply and, subject to subsection 19(3), all those earnings shall be deducted from the benefits payable for that week.
	2. If Bill C-23 introduced in the 2nd Session of the 36th Parliament and entitled the Modernization of Benefits and Obligations Act, receives royal assent, then, on the later of the coming into force of section 134 of that Act and the coming into force of section 1 of this Act, subsection 23.1(1) of the Employment Insurance Act is amended by replacing the definition of ``family'' by the following:
``family'' « famille »	``family'', with respect to a person, includes
	(a) a spouse or common-law partner , and
	(b) a child, grandchild, parent, grandparent, sibling, aunt, uncle or a person in an equivalent relationship with the person as a result of
	(i) marriage, or
	(ii) a relationship with a common-law partner .

Bill C-493

BILL C-493