Bill C-464

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First Reading

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1st Session, 41st Parliament,

60-61 Elizabeth II, 2011-2012

house of commons of canada

BILL C-464

An Act to amend the Canada Labour Code and the Employment Insurance Act (parental leave for multiple births or adoptions)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. L-2

CANADA LABOUR CODE

1. The Canada Labour Code is amended by adding the following after section 206.1:

Multiple births or adoptions

206.11 (1) Every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to seventy-two weeks to care for two or more new-born children of the employee or children who are in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides.

Multiple births or adoptions

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

(a) in the case of new-born children of the employee, at the option of the employee, on the day the children are born or come into the actual care of the employee; and

(b) in the case of an adoption, on the day the children come into the actual care of the employee.

Aggregate leave — two employees

(3) The aggregate amount of leave that may be taken by one or two employees under this section in respect of multiple births or adoptions shall not exceed thirty-seven weeks or, in the case of leave under subsection (1), seventy-two weeks.

2. Section 206.2 of the Act is replaced by the following:

Aggregate leave — maternity and parental

206.2 The aggregate amount of leave that may be taken by one or two employees under sections 206 and 206.1 in respect of a birth shall not exceed fifty-two weeks or, in the case of leave under subsection 206.11(1), eighty-seven weeks.

1996, c. 23

EMPLOYMENT INSURANCE ACT

3. (1) Section 10 of the Employment Insurance Act is amended by adding the following after subsection (2):

Length of benefit period — parental benefits

(2.1) Except as otherwise provided in subsections (10) to (15) and section 24, the length of a benefit period under subparagraph 23(2)(b)(ii) is seventy-two weeks.

(2) Subsection 10(13) of the French version of the Act is replaced by the following:

Prolongation de la période de prestations : prestations spéciales

(13) Si, au cours de la période de prestations d'un prestataire, aucune prestation régulière ne lui a été versée et des prestations pour toutes les raisons prévues aux alinéas 12(3)a), b) et c) lui ont été versées pour un nombre de semaines inférieur au nombre maximal applicable, la période de prestations est prolongée du nombre de semaines nécessaire pour que ce nombre maximal soit atteint.

(3) The Act is amended by adding the following after subsection 10(13):

Extension of benefit period — special benefits

(13.01) 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.1) and (c), and

(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b.1), and (c),

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 paragraphs 12(3)(a), (b.1) and (c).

(4) Subsection 10(13.1) of the French version of the Act is replaced by the following:

Prolongation de la période de prestations : prestations spéciales

(13.1) Si, au cours de la période de prestations d’un prestataire, aucune prestation régu- lière ne lui a été versée et des prestations pour toutes les raisons prévues aux alinéas 12(3)b), c) et d) lui ont été versées pour un nombre de semaines inférieur au nombre maximal appli- cable, la période de prestations est prolongée du nombre de semaines nécessaire pour que ce nombre maximal soit atteint.

(5) The Act is amended by adding the following after subsection 10(13.1):

Extension of benefit period — special benefits

(13.11) 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)(b.1), (c) and (d), and

(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(b.1), (c) and (d),

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 paragraphs 12(3)(b.1), (c) and (d).

(6) Section 10 of the Act is amended by adding the following after subsection (13.2):

Extension of benefit period — special benefits

(13.21) 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.1) and (d), and

(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b.1) and (d),

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 paragraphs 12(3)(a), (b.1) and (d).

(7) Subsection 10(13.3) of the Act is replaced by the following:

Extension of benefit period — special benefits

(13.3) 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), (c) and (d), 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),

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 paragraphs 12(3)(a), (b), (c) and (d).

Extension of benefit period — special benefits

(13.31) 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.1), (c) and (d), and

(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b.1), (c) and (d),

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 paragraphs 12(3)(a), (b.1), (c) and (d).

(8) Subsection 10(15) of the Act is amended by adding the following after paragraph (a):

(a.1) no extension under subsection (13.01) may result in a benefit period of more than 102 weeks;

(9) Subsection 10(15) of the Act is amended by adding the following after paragraph (b):

(b.1) no extension under subsections (13.11) and (13.21) may result in a benefit period of more than 93 weeks;

(10) Subsection 10(15) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) no extension under subsection (13.31) may result in a benefit period of more than 104 weeks.

4. (1) Paragraph 12(3)(b) of the Act is replaced by the following:

(b) because the claimant is caring for a new-born child of the claimant or a child placed with the claimant for the purpose of adoption is 35;

(b.1) because the claimant is caring for two or more new-born children of the claimant or two or more children placed with the claimant for the purpose of adoption is 70;

(2) Subsections 12(4) and (4.01) 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;

(b) for the care of a new-born or adopted child as a result of a single pregnancy or placement is 35; and

Maximum — parental benefits

(4.01) If a claim is made under this Part in respect of a child or children referred to in paragraph (4)(b) or (c) and a claim is made under section 152.05 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children

(a) under paragraph 12(4)(b) is 35; and

(b) under paragraph 12(4)(c) is 70.

(3) Subsection 12(5) of the Act is amended by adding the following after paragraph (a):

(a.1) is extended under subsection 10(13.01), the maximum number of combined weeks is 100;

(4) Subsection 12(5) of the Act is amended by adding the following after paragraph (b):

(b.1) is extended under paragraph 10(13.11) or (13.21), the maximum number of combined weeks is 91;

(5) Subsection 12(5) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) is extended under paragraph 10(13.31), the maximum number of combined weeks is 102.

(6) Subsection 12(6) of the Act is replaced by the following:

Combined weeks of benefits

(6) In a claimant’s benefit period, the claim- ant 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, except in the case of the benefit mentioned in paragraph (3)(b.1), in which case the total number of weeks of benefits shall not exceed 70.

(7) Subsection 12(8) of the Act is repealed.

5. Paragraph 23(2)(b) of the Act is replaced by the following:

(b) that ends

(i) 52 weeks after the week in which the child of the claimant is born or the child is actually placed with the claimant for the purpose of adoption, or

(ii) 87 weeks after the week in which the children of the claimant are born or the children are actually placed with the claimant for the purpose of adoption.

6. Paragraph 152.05(2)(b) of the Act is replaced by the following:

(b) that ends

(i) 52 weeks after the week in which the child of the self-employed person is born or the child is actually placed with the self-employed person for the purpose of adoption, or

(ii) 87 weeks after the week in which the children of the self-employed person are born or the children are actually placed with the self-employed person for the purpose of adoption.

7. (1) Section 152.11 of the Act is amended by adding the following after subsection (2):

Length of benefit period

(2.1) The length of a benefit period in the cases described in paragraph 152.05(2)(b.1) is 72 weeks, except as otherwise provided in subsections (11) to (19).

(2) Subsections 152.11(14) and (15) of the Act are replaced by the following:

Extension of benefit period

(14) If, during a self-employed person’s benefit period, benefits were paid because of all of the reasons mentioned in paragraphs 152.14(1)(a), (b) and (c) and benefits were not paid for the maximum number of weeks established for the reasons mentioned in those paragraphs, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the self-employed person for the reason mentioned in each of those paragraphs.

Extension of benefit period

(14.1) If, during a self-employed person’s benefit period, benefits were paid because of all of the reasons mentioned in paragraphs 152.14(1)(a), (b.1) and (c) and benefits were not paid for the maximum number of weeks established for the reasons mentioned in those paragraphs, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the self-employed person for the reason mentioned in each of those paragraphs.

Extension of benefit period

(15) If, during a self-employed person’s benefit period, benefits were paid because of all of the reasons mentioned in paragraphs 152.14(1)(b), (c) and (d) and benefits were not paid for the maximum number of weeks established for the reasons mentioned in those paragraphs, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the self-employed person for the reason mentioned in each of those paragraphs.

Extension of benefit period

(15.1) If, during a self-employed person’s benefit period, benefits were paid because of all of the reasons mentioned in paragraphs 152.14(1)(b.1), (c) and (d) and benefits were not paid for the maximum number of weeks established for the reasons mentioned in those paragraphs, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the self-employed person for the reason mentioned in each of those paragraphs.

(3) Section 152.11 of the Act is amended by adding the following after subsection (16):

Extension of benefit period

(16.1) If, during a self-employed person’s benefit period, benefits were paid because of all of the reasons mentioned in paragraphs 152.14(1)(a), (b.1) and (d) and benefits were not paid for the maximum number of weeks established for the reasons mentioned in those paragraphs, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the self-employed person for the reason mentioned in each of those paragraphs.

(4) Subsection 152.11(17) of the Act is replaced by the following:

Extension of benefit period

(17) If, during a self-employed person’s benefit period, benefits were paid because of all of the reasons mentioned in paragraphs 152.14(1)(a), (b), (c) and (d) and benefits were not paid for the maximum number of weeks established for the reasons mentioned in those paragraphs, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the self-employed person for the reason mentioned in each of those paragraphs.

Extension of benefit period

(17.1) If, during a self-employed person’s benefit period, benefits were paid because of all of the reasons mentioned in paragraphs 152.14(1)(a), (b.1), (c) and (d) and benefits were not paid for the maximum number of weeks established for the reasons mentioned in those paragraphs, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the self-employed person for the reason mentioned in each of those paragraphs.

(5) Subsection 152.11(19) of the Act is amended by adding the following after paragraph (a):

(a.1) no extension under subsection (14.1) may result in a benefit period of more than 102 weeks;

(6) Subsection 152.11(19) of the Act is amended by adding the following after paragraph (b):

(b.1) no extension under subsection (15.1) or (16.1) may result in a benefit period or more than 93 weeks;

(7) Subsection 152.11(19) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) no extension under subsection (17.1) may result in a benefit period or more than 104 weeks.

8. (1) Paragraph 152.14(1)(b) of the Act is replaced by the following:

(b) because the self-employed person is caring for a new-born child of the self-employed person, or a child placed with the self-employed person for the purpose of adoption, is 35;

(b.1) because the self-employed person is caring for two or more new-born children of the self-employed person, or two or more children placed with the self-employed person for the purpose of adoption, is 70;

(2) Paragraph 152.14(2)(b) of the Act is replaced by the following:

(b) for the care of a new-born or adopted child as a result of a single pregnancy or placement is 35;

(3) Section 152.14 of the Act is amended by adding the following after subsection (4):

Maximum — parental benefits

(4.1) If a claim is made under this Part in respect of a child or children referred to in paragraphs (2)(b) and (c) and a claim is made under section 23 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is 70.

(4) The portion of subsection 152.14(8) of the Act before paragraph (a) is replaced by the following:

Combined weeks of benefits

(8) In a self-employed person’s benefit period, the self-employed person may, subject to the applicable maximums, combine weeks of benefits to which the self-employed person is entitled because of a reason mentioned in subsection (1), but the maximum number of combined weeks is 50, except in the case of the benefit mentioned in paragraph (1)(b.1), in which case the maximum number of combined weeks is 70. However, if the benefit period

(5) Subsection 152.14(8) of the Act is amended by adding the following after paragraph (a):

(a.1) is extended under subsection 152.11(14.1), the maximum number of combined weeks is 100;

(6) Subsection 152.14(8) of the Act is amended by adding the following after paragraph (b):

(b.1) is extended under subsection 152.11(15.1) or (16.1), the maximum number of combined weeks is 91;

(7) Subsection 152.14(8) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) is extended under subsection 152.11(17.1), the maximum number of combined weeks is 102.

COMING INTO FORCE

Coming into force

9. This Act comes into force on the first Sunday after the day on which it receives royal assent.

COORDINATING AMENDMENTS

Bill C-44

10. (1) Subsections (2) to (9) apply if Bill C-44, introduced in the 1st session of the 41st Parliament and entitled An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations (in this section referred to as the “other Act”), receives royal assent.

(2) If subsection 13(2) of the other Act comes into force before subsections 3(2) to (10) of this Act, then those subsections 3(2) to (10) are deemed never to have come into force and are repealed.

(3) If subsection 13(2) of the other Act comes into force on the same day as subsections 3(2) to (10) of this Act, then that subsection 13(2) is deemed to have come into force before those subsections 3(2) to (10) and subsection (2) applies as a consequence.

(4) If subsection 14(3) of the other Act comes into force before subsections 4(3) to (5) of this Act, then those subsections 4(3) to (5) are deemed never to have come into force and are repealed.

(5) If subsection 14(3) of the other Act comes into force on the same day as subsections 4(3) to (5) of this Act, then that subsection 14(3) is deemed to have come into force before those subsections 4(3) to (5) and subsection (4) applies as a consequence.

(6) If subsection 24(2) of the other Act comes into force before subsections 7(2) to (7) of this Act, then those subsections 7(2) to (7) are deemed never to have come into force and are repealed.

(7) If subsection 24(2) of the other Act comes into force on the same day as subsections 7(2) to (7) of this Act, then that subsection 24(2) is deemed to have come into force before those subsections 7(2) to (7) and subsection (6) applies as a consequence.

(8) If subsection 25(3) of the other Act comes into force before subsections 8(4) to (7) of this Act, then those subsections 8(4) to (7) are deemed never to have come into force and are repealed.

(9) If subsection 25(3) of the other Act comes into force on the same day as subsections 8(4) to (7) of this Act, then that subsection 25(3) is deemed to have come into force before those subsections 8(4) to (7) and subsection (8) applies as a consequence.

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