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Bill C-4

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Second Session, Forty-third Parliament,
69 Elizabeth II, 2020
STATUTES OF CANADA 2020
CHAPTER 12
An Act relating to certain measures in response to COVID-19
ASSENTED TO
October 2, 2020
BILL C-4


RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act relating to certain measures in response to COVID-19”.

SUMMARY

Part 1 enacts the Canada Recovery Benefits Act to authorize the payment of the Canada recovery benefit, the Canada recovery sickness benefit and the Canada recovery caregiving benefit to support Canada’s economic recovery in response to COVID-19. It also makes consequential amendments to the Income Tax Act and the Income Tax Regulations.
Part 2 amends the Canada Labour Code to, among other things,
(a)amend the reasons for which an employee is entitled to take leave related to COVID-19, and the number of weeks of that leave that an employee may take for each of those reasons; and
(b)give the Governor in Council the power, until September 25, 2021, to make regulations in certain circumstances to provide that any requirements or conditions, set out in certain provisions of Part III of that Act, respecting certificates issued by a health care practitioner do not apply and to provide for alternative requirements and conditions.
This Part also makes related amendments to the COVID-19 Emergency Response Act to ensure that employees may continue to take leave related to COVID-19 until September 25, 2021. Finally, it makes related amendments to regulations and contains coordinating amendments.
Part 3 amends the Public Health Events of National Concern Payments Act to limit, as of October 1, 2020, the payments that may be made out of the Consolidated Revenue Fund under that Act to those in respect of specified measures related to COVID-19, up to specified amounts. It also postpones the repeal of that Act until December 31, 2020.
Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS

An Act relating to certain measures in response to COVID-19
Short Title
1
COVID-19 Response Measures Act
PART 1
Canada Recovery Benefits Act
2
Enactment of Act
An Act establishing the Canada recovery benefit, the Canada recovery sickness benefit and the Canada recovery caregiving benefit to support Canada’s economic recovery in response to COVID-19
Short Title
1
Canada Recovery Benefits Act
Definitions
2
Definitions
PART 1
Canada Recovery Benefit
3
Eligibility
4
Application
5
Attestation
6
Obligation to provide information
7
Payment of benefit
8
Amount of payment
9
Maximum number of two-week periods
PART 2
Canada Recovery Sickness Benefit
10
Eligibility
11
Application
12
Attestation
13
Obligation to provide information
14
Payment of benefit
15
Amount of payment
16
Maximum number of weeks
PART 3
Canada Recovery Caregiving Benefit
17
Eligibility
18
Application
19
Attestation
20
Obligation to provide information
21
Payment of benefit
22
Amount of payment
23
Maximum number of weeks for a person
PART 4
General
24
Regulations
25
Social Insurance Number
26
Provision of information and documents
27
Payments cannot be charged, etc.
28
Return of erroneous payment or overpayment
29
Garnishment — financial institution
30
Reconsideration of application
31
Request for review
32
Certificate of default
33
Limitation or prescription period
34
Interest payable
35
Violations
36
Limitation of imposition of penalties
37
Rescission, etc.‍, of penalty
38
Recovery as debt due to Her Majesty
39
Offences
40
Designation — investigators
41
Consolidated Revenue Fund
PART 5
Consequential Amendments
42
Income Tax Act
44
Income Tax Regulations
PART 2
Canada Labour Code
3
PART 3
Public Health Events of National Concern Payments
10
SCHEDULE 


69 Elizabeth II
CHAPTER 12
An Act relating to certain measures in response to COVID-19
[Assented to 2nd October, 2020]
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title
1This Act may be cited as the COVID-19 Response Measures Act.

PART 1

Canada Recovery Benefits Act
Enactment of Act
2The Canada Recovery Benefits Act is enacted as follows:
An Act establishing the Canada recovery benefit, the Canada recovery sickness benefit and the Canada recovery caregiving benefit to support Canada’s economic recovery in response to COVID-19
Short Title
Short title
1This Act may be cited as the Canada Recovery Benefits Act.
Definitions
Definitions
2The following definitions apply in this Act.
COVID-19 means the coronavirus disease 2019.‍ (COVID-19)
Her Majesty means Her Majesty in right of Canada.‍ (Sa Majesté)
medical practitioner means a person who is entitled to practise medicine under the laws of a province.‍ (médecin)
Minister means the Minister of Employment and Social Development.‍ (ministre)
nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients.‍ (infirmier praticien)
week means the period of seven consecutive days beginning on and including Sunday.‍ (semaine)
PART 1
Canada Recovery Benefit
Eligibility
3(1)A person is eligible for a Canada recovery benefit for any two-week period falling within the period beginning on September 27, 2020 and ending on September 25, 2021 if
(a)they have a valid social insurance number;
(b)they were at least 15 years of age on the first day of the two-week period;
(c)they were resident and present in Canada during the two-week period;
(d)in the case of an application made under section 4 in respect of a two-week period beginning in 2020, they had, for 2019 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the following sources:
(i)employment,
(ii)self-employment,
(iii)benefits paid to the person under any of subsections 22(1), 23(1), 152.‍04(1) and 152.‍05(1) of the Employment Insurance Act,
(iv)allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, and
(v)any other source of income that is prescribed by regulation;
(e)in the case of an application made under section 4 in respect of a two-week period beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)‍(i) to (v);
(f)during the two-week period, for reasons related to COVID-19, other than for reasons referred to in subparagraph 17(1)‍(f)‍(i) and (ii), they were not employed or self-employed or they had a reduction of at least 50% or, if a lower percentage is fixed by regulation, that percentage, in their average weekly employment income or self-employment income for the two-week period relative to
(i)in the case of an application made under section 4 in respect of a two-week period beginning in 2020, their total average weekly employment income and self-employment income for 2019 or in the 12-month period preceding the day on which they make the application, and
(ii)in the case of an application made under section 4 in respect of a two-week period beginning in 2021, their total average weekly employment income and self-employment income for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application;
(g)no benefit period, as defined in subsection 2(1) of the Employment Insurance Act, was established or could have been established in respect of any week that falls within the two-week period;
(h)no income referred to in any of the following subparagraphs was paid or was payable to the person in respect of any week that falls within the two-week period:
(i)allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption,
(ii)a Canada recovery sickness benefit or a Canada recovery caregiving benefit, and
(iii)any other income that is prescribed by regulation;
(i)they sought work during the two-week period, whether as an employee or in self-employment;
(j)they did not place undue restrictions on their availability for work during the two-week period, whether as an employee or in self-employment;
(k)if they have not previously received any benefits under this Part, they have not,
(i)on or after September 27, 2020, quit their employment or voluntarily ceased to work, unless it was reasonable to do so, and
(ii)in the two-week period in respect of which their application under section 4 relates and in any of the four two-week periods beginning on September 27, 2020 that are immediately before that two-week period
(A)failed to return to their employment when it was reasonable to do so if their employer had made a request,
(B)failed to resume self-employment when it was reasonable to do so, or
(C)declined a reasonable offer to work in respect of work that would have started during the two-week period; and
(l)if they have previously received any benefits under this Part, they have not,
(i)on or after the first day of the first two-week period for which any benefits were paid to them under this Part, quit their employment or voluntarily ceased to work, unless it was reasonable to do so, and
(ii)in the two-week period in respect of which their application under section 4 relates and in any of the four two-week periods beginning on September 27, 2020 that are immediately before that two-week period
(A)failed to return to their employment when it was reasonable to do so if their employer had made a request,
(B)failed to resume self-employment when it was reasonable to do so, or
(C)declined a reasonable offer to work.
Income from self-employment
(2)For the purpose of paragraphs (1)‍(d) to (f), income from self-employment is revenue from the self-employment less expenses incurred to earn that revenue.
Program of instruction or training
(3)For the purpose of paragraph (1)‍(j), a person has not placed undue restrictions on their availability for work if they attended during the two-week period a course or program of instruction or training that they were referred to by a provincial government or body.
Regulations
(4)The Governor in Council may, by regulation, fix a lower percentage for the purpose of paragraph (1)‍(f).
Application
4(1)A person may, in the form and manner established by the Minister, apply for a Canada recovery benefit for any two-week period falling within the period beginning on September 27, 2020 and ending on September 25, 2021.
Limitation
(2)No application is permitted to be made on any day that is more than 60 days after the end of the two-week period to which the benefit relates.
Attestation
5(1)Subject to subsections (2) to (4), a person must, in their application, attest that they met each of the eligibility conditions referred to in paragraphs 3(1)‍(a) to (l).
Exception — paragraphs 3(1)‍(d) and (e)
(2)A person is not required to attest to their income under paragraphs 3(1)‍(d) and (e) if they have previously received any benefit under this Act and they attest to that fact.
Exception — paragraph 3(1)‍(k)
(3)A person is not required to attest that they meet the eligibility condition referred to in paragraph 3(1)‍(k) if they have previously received any benefit under this Part and they attest to that fact.
Exception — paragraph 3(1)‍(l)
(4)A person is not required to attest that they meet the eligibility condition referred to in paragraph 3(1)‍(l) if they have never previously received any benefit under this Part and they attest to that fact.
Obligation to provide information
6An applicant must provide the Minister with any information that the Minister may require in respect of the application.
Payment of benefit
7The Minister must pay a Canada recovery benefit to a person who makes an application under section 4 and who is eligible for the benefit.
Amount of payment
8(1)Subject to subsection (2), the amount of a Canada recovery benefit for a week is $500.
Repayment
(2)If a person has income of more than $38,000 for 2020 or for 2021, the person must repay an amount equal to 50 cents for every dollar of income earned in that year above $38,000 of income, up to the total amount of Canada recovery benefits received by them in the year, which total amount is calculated without taking into account any erroneous payment or overpayment, and that amount constitutes a debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the balance-due day, as defined in subsection 248(1) of the Income Tax Act, for the year.
Definition of income
(3)In subsection (2), income, in respect of a person, means the amount that would be their income for 2020 or for 2021, determined under Part I of the Income Tax Act if no amount were
(a)included in respect of amounts paid as benefits under this Part;
(b)deductible under paragraphs 20(1)‍(ww) and 60(v.‍1), (v.‍2), (w), (y) and (z) of that Act;
(c)included in respect of a gain from a disposition of property to which section 79 of that Act applies; or
(d)included under paragraph 56(1)‍(q.‍1) or subsection 56(6) of that Act.
Application of Income Tax Act provisions
(4)Sections 150, 150.‍1, 151, 152, 158 to 160.‍1, 161 and 161.‍3 to 167, Division J of Part I and sections 220 to 226, subsection 227(10), sections 239, 243 and 244 and subsections 248(7) and (11) of the Income Tax Act apply to subsection (2) with any modifications that the circumstances require, except that, in the application of those provisions,
(a)“Act” is to be read as “subsection 8(2) of the Canada Recovery Benefits Act”;
(b)“taxpayer” is to be read as “person”;
(c)“tax” and “taxes” are to be read as “amount to be repaid under subsection 8(2) of the Canada Recovery Benefits Act”; and
(d)“under this Part” is to be read as “under subsection 8(2) of the Canada Recovery Benefits Act”.
Maximum number of two-week periods
9(1)The maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is 13 or, if another number of two-week periods is fixed by regulation, that number of two-week periods, minus one for every two weeks for which regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, were received by the person during the period beginning on September 27, 2020 and ending on September 25, 2021 in respect of benefit periods, as defined in subsection 2(1) of that Act, that were established on or after September 27, 2020.
Regulations
(2)The Governor in Council may, by regulation, fix a number of two-week periods for the purpose of subsection (1).
Exception
(3)Despite subsection (1), the maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is, for each time the person is not entitled to the benefit by reason of subparagraph 3(1)‍(k)‍(ii) or (l)‍(ii), the maximum number that it otherwise would be under subsection (1) and this subsection less the number five.
PART 2
Canada Recovery Sickness Benefit
Eligibility
10(1)A person is eligible for a Canada recovery sickness benefit for any week falling within the period beginning on September 27, 2020 and ending on September 25, 2021 if
(a)they have a valid social insurance number;
(b)they were at least 15 years of age on the first day of the week;
(c)they were resident and present in Canada during the week;
(d)in the case of an application made under section 11 in respect of a week beginning in 2020, they had, for 2019 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the following sources:
(i)employment,
(ii)self-employment,
(iii)benefits paid to the person under any of subsections 22(1), 23(1), 152.‍04(1) and 152.‍05(1) of the Employment Insurance Act,
(iv)allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, and
(v)any other source of income that is prescribed by regulation;
(e)in the case of an application made under section 11 in respect of a week beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)‍(i) to (v);
(f)they have as an employee been unable to work for at least 50% of the time they would have otherwise worked in the week, or they have as a self-employed person reduced the time devoted to their work by at least 50% of the time they would have otherwise worked in the week, because
(i)they contracted or might have contracted COVID-19,
(ii)they have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19, or
(iii)they isolated themselves on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19;
(g)no income referred to in any of the following subparagraphs was paid or was payable to the person in respect of the week:
(i)benefits, as defined in subsection 2(1) of the Employment Insurance Act,
(ii)allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption,
(iii)a Canada recovery benefit or a Canada recovery caregiving benefit, and
(iv)any other income that is prescribed by regulation; and
(h)they have not, in respect of the week, been granted paid leave or been paid under a sickness benefit plan.
Income from self-employment
(2)For the purpose of paragraphs (1)‍(d) and (e), income from self-employment is revenue from the self-employment less expenses incurred to earn that revenue.
Application
11(1)A person may, in the form and manner established by the Minister, apply for a Canada recovery sickness benefit for any week falling within the period beginning on September 27, 2020 and ending on September 25, 2021.
Limitation
(2)No application is permitted to be made on any day that is more than 60 days after the end of the week to which the benefit relates.
Attestation
12(1)Subject to subsection (2), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 10(1)‍(a) to (h).
Exception — paragraphs 10(1)‍(d) and (e)
(2)A person is not required to attest to their income under paragraphs 10(1)‍(d) and (e) if they have previously received any benefit under this Act and they attest to that fact.
Obligation to provide information
13An applicant must provide the Minister with any information that the Minister may require in respect of the application.
Payment of benefit
14The Minister must pay a Canada recovery sickness benefit to a person who makes an application under section 11 and who is eligible for the benefit.
Amount of payment
15The amount of a Canada recovery sickness benefit for a week is $500.
Maximum number of weeks
16(1)The maximum number of weeks in respect of which a Canada recovery sickness benefit is payable to a person is two or, if another maximum number of weeks is fixed by regulation, that maximum number.
Regulations
(2)The Governor in Council may, by regulation, fix a maximum number of weeks for the purpose of subsection (1).
PART 3
Canada Recovery Caregiving Benefit
Eligibility
17(1)A person is eligible for a Canada recovery caregiving benefit for any week falling within the period beginning on September 27, 2020 and ending on September 25, 2021 if
(a)they have a valid social insurance number;
(b)they were at least 15 years of age on the first day of the week;
(c)they were resident and present in Canada during the week;
(d)in the case of an application made under section 18 in respect of a week beginning in 2020, they had, for 2019 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the following sources:
(i)employment,
(ii)self-employment,
(iii)benefits paid to the person under any of subsections 22(1), 23(1), 152.‍04(1) and 152.‍05(1) of the Employment Insurance Act,
(iv)allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, and
(v)any other source of income that is prescribed by regulation;
(e)in the case of an application made under section 18 in respect of a week beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)‍(i) to (v);
(f)they have, as an employee, been unable to work for at least 50% of the time they would have otherwise worked in that week — or they have, as a self-employed person, reduced the time devoted to their work as a self-employed person by at least 50% of the time they would have otherwise worked in that week — because
(i)they cared for a child who was under 12 years of age on the first day of the week because
(A)the school or other facility that the child normally attended was, for reasons related to COVID-19, closed, open only at certain times or open only for certain children,
(B)the child could not attend the school or other facility because
(I)the child contracted or might have contracted COVID-19,
(II)the child was in isolation on the advice of a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or
(lll)the child would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the child contracted COVID-19, or
(C)the person who usually cared for the child was not available for reasons related to COVID-19, or
(ii)they cared for a family member who requires supervised care because
(A)the day program or facility that the family member normally attended was, for reasons related to COVID-19, unavailable or closed, available or open only at certain times or available or open only for certain persons,
(B)the family member could not attend the day program or facility because
(I)the family member contracted or might have contracted COVID-19,
(II)the family member was in isolation on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or
(lll)the family member would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the family member contracted COVID-19, or
(C)the care services that are normally provided to the family member at their place of residence were not available for reasons related to COVID-19;
(g)no income referred to in any of the following subparagraphs was paid or was payable to the person in respect of the week:
(i)benefits, as defined in subsection 2(1) of the Employment Insurance Act,
(ii)allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption,
(iii)a Canada recovery benefit or a Canada recovery sickness benefit, and
(iv)any other income that is prescribed by regulation; and
(h)they have not, in respect of the week, been granted paid leave or been paid under a plan that provides for payment for the care or support of another person.
Income from self-employment
(2)For the purpose of paragraphs (1)‍(d) and (e), income from self-employment is revenue from the self-employment less expenses incurred to earn that revenue.
Definition of family member
(3)In subsection (1), family member, in respect of a person, includes anyone whom the person considers to be like a close relative or who considers the person to be like a close relative.
Application
18(1)A person may, in the form and manner established by the Minister, apply for a Canada recovery caregiving benefit for any week falling within the period beginning on September 27, 2020 and ending on September 25, 2021.
Limitation
(2)No application is permitted to be made on any day that is more than 60 days after the end of the week to which the benefit relates.
Attestation
19(1)Subject to subsection (2), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 17(1)‍(a) to (h).
Exception — paragraphs 17(1)‍(d) and (e)
(2)A person is not required to attest to their income under paragraphs 17(1)‍(d) and (e) if they have previously received any benefit under this Act and they attest to that fact.
Obligation to provide information
20An applicant must provide the Minister with any information that the Minister may require in respect of the application.
Payment of benefit
21The Minister must pay a Canada recovery caregiving benefit to a person who makes an application under section 18 and who is eligible for the benefit.
Amount of payment
22The amount of a Canada recovery caregiving benefit for a week is $500.
Maximum number of weeks for a person
23(1)Subject to subsection (2), the maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to a person is 26 or, if another maximum number of weeks is fixed by regulation, that maximum number.
Maximum number of weeks for household members
(2)The maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to all of the persons residing in the same household is 26 or, if another maximum number of weeks is fixed for the purpose of subsection (1), that maximum number.
One member per week
(3)If two or more persons reside in the same household, only one of them may be paid a Canada recovery caregiving benefit for any particular week.
Regulations
(4)The Governor in Council may, by regulation, fix a maximum number of weeks for the purpose of subsection (1).
PART 4
General
Regulations
24The Governor in Council may, by regulation, prescribe
(a)any other source of income for the purposes of subparagraphs 3(1)‍(d)‍(v), 10(1)‍(d)‍(v) and 17(1)‍(d)‍(v); and
(b)any other income for the purposes of subparagraphs 3(1)‍(h)‍(iii), 10(1)‍(g)‍(iv) and 17(1)‍(g)‍(iv).
Social Insurance Number
25The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Act, the Social Insurance Number of a person who makes an application for a benefit under this Act.
Provision of information and documents
26(1)The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by a notice served personally or by a confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice.
Obligation to appear
(2)The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, require a person who is applying for a benefit under this Act, or who has received a benefit under this Act, to be at a suitable place — or to be available by audioconference or videoconference or in any other suitable manner — at a suitable time in order to provide any information or any document about their application for the benefit that the Minister may require in respect of the application.
Entitlement to benefits
(3)A person who fails to fulfil or comply with a requirement under subsection (1) or (2) is not eligible for a benefit under this Act in respect of the period to which the application relates.
Payments cannot be charged, etc.
27A benefit under this Act
(a)is not subject to the operation of any law relating to bankruptcy or insolvency;
(b)cannot be assigned, charged, attached or given as security;
(c)cannot be retained by way of deduction, set-off or compensation under any Act of Parliament other than this Act; and
(d)is not garnishable moneys for the purposes of the Family Orders and Agreements Enforcement Assistance Act.
Return of erroneous payment or overpayment
28(1)If the Minister determines that a person has received a benefit under this Act to which they are not entitled, or an amount in excess of the amount of a benefit under this Act to which they are entitled, the person must repay the amount of the payment or the excess amount, as the case may be, as soon as is feasible.
Recovery as a debt to Her Majesty
(2)The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty as of the day on which the amount was paid and the debt is payable and may be recovered by the Minister as of the day the Minister determined the amount of the erroneous payment or overpayment.
Garnishment — financial institution
29(1)The Minister may, by a notice served personally or by a confirmed delivery service, order a financial institution, as defined in section 2 of the Bank Act, that holds or maintains a deposit account for a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the deposit account all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty.
Garnishment — employer
(2)The Minister may, by a notice served personally or by a confirmed delivery service, order the employer of a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the remuneration that would be otherwise payable by the employer to the person all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty.
Debt to Her Majesty
(3)An amount not paid as required by a notice under subsection (1) or (2) is
(a)if a day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day specified in the notice and the debt is payable and may be recovered by the Minister as of the day after the day specified in the notice; or
(b)if no day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day the notice is served and the debt is payable and may be recovered by the Minister as of the day after the day the notice is served.
Discharge of liability
(4)The receipt of the Receiver General of money paid as required under subsection (1) or (2) is a good and sufficient discharge of the original liability of the person to the extent of the payment.
Reconsideration of application
30(1)Subject to subsection (5), the Minister may reconsider an application for benefits under this Act within 36 months after the benefits have been paid.
Decision
(2)If the Minister decides that a person has received money by way of benefits under this Act to which they were not entitled, or has not received money to which they were entitled, the Minister must calculate the amount of the money and notify the person of the Minister’s decision.
Amount repayable
(3)Section 28 applies if the Minister decides that a person has received money by way of benefits to which they were not entitled.
Amount payable
(4)If the Minister decides that a person was entitled to receive money by way of benefits under this Act, and the money was not paid, the amount calculated under subsection (2) is payable to the person.
Extended time to reconsider claim
(5)If, in the opinion of the Minister, a false or misleading statement or representation has been made in connection with an application for benefits under this Act, the Minister has 72 months within which to reconsider the application.
Request for review
31(1)A person who is the subject of a decision of the Minister made under this Act may make a request, in the form and manner established by the Minister, to the Minister for a review of that decision at any time within 30 days after the day on which they are notified of the decision or any further time that the Minister may allow.
Clarification
(2)For the purpose of this section, a decision of the Minister includes the issuance of an order under subsection 29(1) or (2) and the person to whom the order is served and the person who would not be paid an amount as the result of the issuance of the order are each deemed to be a person who is the subject of a decision of the Minister.
Review
(3)The Minister must review the decision if a request for its review is made under subsection (1). On completion of the review, the Minister must confirm, vary or rescind the decision.
Notification
(4)The Minister must notify the person who made the request of the Minister’s decision under subsection (3).
Certificate of default
32The amount of any debt due to Her Majesty under this Act may be certified by the Minister, and registration of the certificate in the Federal Court has the same effect as a judgment of that Court for the amount specified in the certificate and all related registration costs.
Limitation or prescription period
33(1)Subject to subsections (2) to (7), no action or proceedings are to be taken to recover money owing under this Act after the expiry of the six-year limitation or prescription period that begins on the day on which the money becomes payable.
Deduction, set-off or compensation
(2)Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money, including any benefit under this Act, that may be payable by Her Majesty to the person, other than an amount payable under section 122.‍61 of the Income Tax Act.
Acknowledgment of liability
(3)If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period.
Acknowledgment after expiry of limitation or prescription period
(4)If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5) after the expiry of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment.
Types of acknowledgment
(5)An acknowledgment of liability means
(a)a promise to pay the money owing, made by the person or their agent or mandatary or other representative;
(b)an acknowledgment of the money owing, made by the person or their agent or mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay;
(c)a part payment by the person or their agent or mandatary or other representative of any money owing; or
(d)an acknowledgment of the money owing, made in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts, by the person, their agent or mandatary or other representative or the trustee or administrator.
Limitation or prescription period suspended
(6)The running of a limitation or prescription period in respect of money owing under this Act is suspended
(a)during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act; or
(b)during any period in which any review of a decision establishing the liability in respect of money owing under this Act is pending.
Enforcement proceedings
(7)This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
Interest payable
34(1)Interest is payable on any debt due to Her Majesty under subsection 8(2).
No interest payable
(2)No interest is payable on any debt due to Her Majesty under subsection 29(3), under section 38 and under any provision of this Act as a result of an erroneous payment or overpayment.
Violations
35(1)A person commits a violation if they
(a)knowingly make, in relation to an application for a benefit under this Act, a representation that is false or misleading; or
(b)make an application for, and receive, a benefit under this Act knowing that they are not eligible to receive it.
Penalty
(2)The Minister may impose a penalty on a person if the Minister is of the opinion that the person has committed a violation.
Amount of penalty
(3)The Minister may set the amount of the penalty for each violation at not more than 50% of the benefit that was or would have been paid as a result of committing the violation.
Maximum
(4)The maximum amount of all penalties that may be imposed on a particular person under this section is $5,000.
For greater certainty
(5)For greater certainty, no penalty may be imposed on a person if they mistakenly believe that a representation is true or that they were eligible to receive the benefit, as the case may be.
Purpose of penalty
(6)The purpose of a penalty is to promote compliance with this Act and not to punish.
Limitation of imposition of penalties
36A penalty must not be imposed under section 35 if
(a)a prosecution for the act that would constitute the violation has been instituted against the person; or
(b)more than three years have passed after the day on which that act occurred.
Rescission, etc.‍, of penalty
37The Minister may rescind the imposition of a penalty under section 35, or reduce the penalty, on the presentation of new facts or on being of the opinion that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.
Recovery as debt due to Her Majesty
38A penalty imposed under section 35 constitutes a debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the day on which the penalty is imposed.
Offences
39(1)Every person commits an offence who
(a)for the purpose of obtaining a benefit for themselves under this Act, knowingly uses false identity information or another person’s identity information;
(b)with intent to steal all or a substantial part of another person’s benefit under this Act, counsels that person to apply for the benefit; or
(c)knowingly makes, in relation to one or more applications under this Act, three or more representations that are false or misleading, if the total amount of the benefits that were or would have been paid as a result of the applications is at least $5,000.
For greater certainty
(2)For greater certainty, a person does not commit an offence under paragraph (1)‍(a) in relation to false identity information if they mistakenly believe that the identity information is not false and does not commit an offence under paragraph (1)‍(c) if they mistakenly believe that the representations are true.
Prosecution
(3)No prosecution for an offence under this section may be instituted if a penalty for the act that would constitute the offence has been imposed under section 35.
Punishment
(4)Every person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than the sum of $5,000 plus an amount of not more than double the amount of the benefit that was or would have been paid as a result of committing the offence, to imprisonment for a term of not more than six months, or to both.
Definition of identity information
(5)In paragraph (1)‍(a), identity information has the same meaning as in section 402.‍1 of the Criminal Code.
Designation — investigators
40(1)The Minister may designate as an investigator any person or class of persons for the purpose of enforcing section 39.
Authorization
(2)The Minister may authorize the Commissioner, as defined in section 2 of the Canada Revenue Agency Act, to designate as an investigator any employee or class of employees of the Agency, as defined in that section 2, for the purpose of enforcing section 39.
Limitation period
(3)Proceedings in respect of an offence under this Act may be instituted at any time within, but not later than, five years after the day on which the Minister became aware of the subject matter of the prosecution.
Consolidated Revenue Fund
41All money required to do anything in relation to this Act, including all money required by the Minister to administer and enforce this Act or by the Agency, as defined in section 2 of the Canada Revenue Agency Act, to administer and enforce this Act on behalf of the Minister, may, until March 31, 2024, be paid out of the Consolidated Revenue Fund.
PART 5
Consequential Amendments
R.‍S.‍, c. 1 (5th Supp.‍)
Income Tax Act
42(1)The portion of paragraph 60(n) of the Income Tax Act before subparagraph (i) is replaced by the following:
Repayment of pension or benefits
(n)any amount paid by the taxpayer in the year as a repayment (otherwise than because of Part VII of the Unemployment Insurance Act, chapter U-1 of the Revised Statutes of Canada, 1985, Part VII of the Employment Insurance Act or section 8 of the Canada Recovery Benefits Act) of any of the following amounts to the extent that the amount was included in computing the taxpayer’s income, and not deducted in computing the taxpayer’s taxable income, for the year or for a preceding taxation year, namely,
(2)Section 60 of the Act is amended by adding the following after paragraph (v.‍1):
Canada Recovery Benefit Repayment
(v.‍2)any benefit repayment payable by the taxpayer under section 8 of the Canada Recovery Benefits Act on or before the taxpayer’s balance-due day for the taxation year, to the extent that the amount was not deductible in computing the taxpayer’s income for any preceding taxation year;
(3)Subsections (1) and (2) come into force or are deemed to have come into force on September 27, 2020.
43Paragraph 241(4)‍(d) of the Act is amended by adding the following after subparagraph (vii.‍6):
(vii.‍7)to an official solely for the purposes of the administration and enforcement of the Canada Recovery Benefits Act or the evaluation or formulation of policy for that Act,
(vii.‍8)to an official, if the taxpayer information is taxpayer information of an individual who has made an application under the Canada Recovery Benefits Act, solely for the purposes of the evaluation or formulation of policy for a program administered and enforced by
(A)the Minister of Employment and Social Development,
(B)the Minister of Labour, or
(C)the Canada Employment Insurance Commission,
(vii.‍9)to an official of a department or agency of the Government of Canada or of a provincial government (or to an individual who occupies a similar position in connection with an Aboriginal government) as to the name, Social Insurance Number, date of birth, address, telephone number, email address or occupation of an individual who has made an application under the Canada Recovery Benefits Act, solely for the purposes of
(A)the administration and enforcement of employment benefits and supports and social assistance programs established by a department or agency of the Government of Canada, the government of a province or an Aboriginal government, or
(B)the evaluation or formulation of policy of a program established by a department or agency of the Government of Canada, the government of a province or an Aboriginal government,
C.‍R.‍C.‍, c. 945
Income Tax Regulations
44(1)The portion of subsection 103(4) of the Income Tax Regulations before paragraph (a) is replaced by the following:
(4)Subject to subsections (4.‍1) and (5), where a lump sum payment is made by an employer to an employee who is a resident of Canada,
(2)Section 103 of the Regulations is amended by adding the following after subsection (4):
(4.‍1)For the purposes of a lump sum payment described in paragraph (6)‍(h), subsection (4) is to be read without reference to its paragraphs (b) and (c) and the portion of subsection (4) before subparagraph (a)‍(i) is to be read as follows:
(4)Where a lump sum payment is made by an employer to an employee,
(a)the employer shall deduct or withhold therefrom, in the case of an employee who reports for work at an establishment of the employer
(3)Subsection 103(6) of the Regulations is amended by striking out “or” at the end of paragraph (f), by adding “or” at the end of paragraph (g) and by adding the following after paragraph (g):
(h)a payment made under the Canada Recovery Benefits Act.
(4)Subsections (1) to (3) come into force or are deemed to have come into force on September 27, 2020.

PART 2

R.‍S.‍, c. L-2
Canada Labour Code

Amendments to the Act

3(1)Subsection 239.‍01(1) of the Canada Labour Code is replaced by the following:
Entitlement to leave
239.‍01(1)Subject to subsection (2), every employee is entitled to and shall be granted a leave of absence from employment of
(a)up to two weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because
(i)they contracted or might have contracted COVID-19,
(ii)they have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19, or
(iii)they have isolated themselves on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19; and
(b)subject to subsection (1.‍2), up to 26 weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because
(i)they must care for a child who is under 12 years of age on the first day of the period of leave because
(A)the school or other facility that the child normally attends is, for reasons related to COVID-19, closed, open only at certain times or open only for certain children,
(B)the child cannot attend the school or other facility because
(I)the child contracted or might have contracted COVID-19,
(II)the child is in isolation on the advice of a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or
(III)the child would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the child contracted COVID-19, or
(C)the person who usually cares for the child is not available for reasons related to COVID-19, or
(ii)they must care for a family member who requires supervised care because
(A)the day program or facility that the family member normally attends is, for reasons related to COVID-19, unavailable or closed, available or open only at certain times or available or open only for certain persons,
(B)the family member cannot attend the day program or facility because
(I)the family member contracted or might have contracted COVID-19,
(II)the family member is in isolation on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or
(III)the family member would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the family member contracted COVID-19, or
(C)the care services that are normally provided to the family member at their place of residence are not available for reasons related to COVID-19.
Definitions
(1.‍1)The following definitions apply in subsection (1).
COVID-19 means the coronavirus disease 2019.‍ (COVID-19)
family member, in respect of a person, includes anyone whom the person considers to be like a close relative or who considers the person to be like a close relative.‍ (membre de la famille)
medical practitioner means a person who is entitled to practise medicine under the laws of a province.‍ (médecin)
nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients.‍ (infirmier praticien)
Aggregate leave — paragraph (1)‍(b)
(1.‍2)Subject to subsection (1.‍4), the aggregate amount of leave that an employee may take under paragraph (1)‍(b) is not to exceed 26 weeks or, if another number of weeks is fixed for the purposes of that paragraph, that number of weeks.
Clarification
(1.‍3)For greater certainty, any period of leave taken by an employee under subsection (1), as it read on September 30, 2020, does not count towards the aggregate amount of leave referred to in subsection (1.‍2).
Aggregate leave — more than one employee
(1.‍4)The aggregate amount of leave that may be taken under paragraph (1)‍(b) by two or more employees who reside in the same household is not to exceed 26 weeks or, if another number of weeks is fixed for the purposes of that paragraph, that number of weeks.
Division of leave
(1.‍5)The leave of absence may be taken in one or more periods. The employer may require that each period of leave be not less than one day’s duration.
Limitation
(1.‍6)If two or more employees reside in the same household, only one of them may take a leave of absence under paragraph (1)‍(b) during any particular period.
(2)Paragraph 239.‍01(13)‍(b) of the Act is replaced by the following:
(b)fix a number of weeks for the purposes of paragraph (1)‍(a) or (b).
4(1)Subsection 264(1) of the Act is amended by striking out “and” at the end of paragraph (j.‍4) and by adding the following after paragraph (j.‍4):
(j.‍5)if the Governor in Council is satisfied that doing so is necessary to reduce the strain on the health care system or any burden on employees, providing that any requirement or condition set out in any of subsections 181.‍1(2) and 204(2), sections 205.‍1 and 205.‍2 and subsections 206(1), 206.‍3(2), 206.‍4(2) and (2.‍1), 207.‍2(4) and 239(2) respecting a certificate issued by a health care practitioner does not apply, and providing for alternative requirements and conditions; and
(2)Subsection 264(1) of the Act is amended by adding “and” at the end of paragraph (j.‍4) and by repealing paragraph (j.‍5).

Related Amendments

2020, c. 5

COVID-19 Emergency Response Act

5Section 46 of the COVID-19 Emergency Response Act is replaced by the following:
September 25, 2021
46(1)Subsections 37(5), 39(7), 40(5) and 42(2) come into force on September 25, 2021.
September 26, 2021
(2)Subsections 37(2) and (3), 38(2), 39(2), (4) and (5) and 40(2) and (3), section 41 and subsection 43(2) come into force on September 26, 2021.
C.‍R.‍C.‍, c. 986

Canada Labour Standards Regulations

6Section 33.‍1 of the Canada Labour Standards Regulations and the heading before it are repealed.
SOR/2020-166

Regulations Amending the Canada Labour Standards Regulations

7The Regulations Amending the Canada Labour Standards Regulations are repealed.

Coordinating Amendments

8(1)If this Act receives royal assent on October 1, 2020, then
(a)section 5 and subsection 9(2) of this Act are deemed to have produced their effects before section 46 of the COVID-19 Emergency Response Act, as it read on September 30, 2020, produces its effects;
(b)subsection 9(1) of this Act is deemed never to have come into force and is repealed; and
(c)section 9 of this Act is amended by adding the following before subsection (2):
September 30, 2020
(1.‍1)Sections 6 and 7 are deemed to have come into force on September 30, 2020.
(2)If this Act receives royal assent after October 1, 2020, then
(a)section 3, section 5 and the headings before it, section 6 and the heading before it, section 7 and the heading before it and subsections 9(1) and (2) of this Act are deemed never to have come into force and are repealed;
(b)this Act is amended by adding the following after section 4:
4.‍1(1)Subsection 187.‍1(1) of the Act is replaced by the following:
Interruption
187.‍1(1)An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.‍5 or to be absent due to a reason referred to in subsection 239(1) or (1.‍1), 239.‍01(1) or 239.‍1(1).
(2)Subsection 187.‍1(1) of the Act is replaced by the following:
Interruption
187.‍1(1)An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.‍5 or to be absent due to a reason referred to in subsection 239(1) or (1.‍1) or 239.‍1(1).
(3)Section 187.‍1 of the Act is amended by adding the following after subsection (3):
Application of subsection 239.‍01(13)
(3.‍1)If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.‍01(1) and resumes the vacation immediately at the end of that leave, subsection 239.‍01(13) applies to them as if they did not resume the vacation before returning to work.
(4)Subsection 187.‍1(3.‍1) of the Act is repealed.
4.‍2(1)Subsection 187.‍2(1) of the Act is replaced by the following:
Postponement
187.‍2(1)Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.‍5, or an absence due to a reason referred to in subsection 239(1) or (1.‍1), 239.‍01(1) or 239.‍1(1), ends.
(2)Subsection 187.‍2(1) of the Act is replaced by the following:
Postponement
187.‍2(1)Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.‍5, or an absence due to a reason referred to in subsection 239(1) or (1.‍1) or 239.‍1(1), ends.
4.‍3(1)Subsection 206.‍1(2.‍1) of the Act is replaced by the following:
Extension of period
(2.‍1)The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.‍3 to 206.‍5 and 206.‍9, is absent due to a reason referred to in subsection 239(1) or (1.‍1), 239.‍01(1) or 239.‍1(1) or is on leave under any of paragraphs 247.‍5(1)‍(a), (b) and (d) to (g).
(2)Subsection 206.‍1(2.‍1) of the Act is replaced by the following:
Extension of period
(2.‍1)The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.‍3 to 206.‍5 and 206.‍9, is absent due to a reason referred to in subsection 239(1) or (1.‍1) or 239.‍1(1) or is on leave under any of paragraphs 247.‍5(1)‍(a), (b) and (d) to (g).
(3)Subsection 206.‍1(2.‍4) of the Act is replaced by the following:
Interruption
(2.‍4)The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.‍3 to 206.‍5 and 206.‍9, to be absent due to a reason referred to in subsection 239(1) or (1.‍1), 239.‍01(1) or 239.‍1(1) or to take leave under any of paragraphs 247.‍5(1)‍(a), (b) and (d) to (g).
(4)Subsection 206.‍1(2.‍4) of the Act is replaced by the following:
Interruption
(2.‍4)The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.‍3 to 206.‍5 and 206.‍9, to be absent due to a reason referred to in subsection 239(1) or (1.‍1) or 239.‍1(1) or to take leave under any of paragraphs 247.‍5(1)‍(a), (b) and (d) to (g).
(5)Section 206.‍1 of the Act is amended by adding the following after subsection (4):
Exception — leave related to COVID-19
(4.‍1)Except to the extent that it is inconsistent with subsection 239.‍01(13), section 209.‍1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.‍01(1).
(6)Subsection 206.‍1(4.‍1) of the Act is repealed.
4.‍4(1)Subsection 207.‍02(1) of the Act is replaced by the following:
Interruption
207.‍02(1)An employee may interrupt a leave of absence referred to in any of sections 206.‍3 to 206.‍5 in order to be absent due to a reason referred to in subsection 239(1) or (1.‍1), 239.‍01(1) or 239.‍1(1).
(2)Subsection 207.‍02(1) of the Act is replaced by the following:
Interruption
207.‍02(1)An employee may interrupt a leave of absence referred to in any of sections 206.‍3 to 206.‍5 in order to be absent due to a reason referred to in subsection 239(1) or (1.‍1) or 239.‍1(1).
(3)Section 207.‍02 of the Act is amended by adding the following after subsection (3):
Exception — leave related to COVID-19
(3.‍1)Except to the extent that it is inconsistent with subsection 239.‍01(13), section 209.‍1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239.‍01(1).
(4)Subsection 207.‍02(3.‍1) of the Act is repealed.
4.‍5(1)The Act is amended by adding the following after section 239:
DIVISION XIII.‍01
Leave Related to COVID-19
Entitlement to leave
239.‍01(1)Subject to subsection (8), every employee is entitled to and shall be granted a leave of absence from employment of
(a)up to two weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because
(i)they contracted or might have contracted COVID-19,
(ii)they have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19, or
(iii)they have isolated themselves on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19; and
(b)subject to subsection (3), up to 26 weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because
(i)they must care for a child who is under 12 years of age on the first day of the period of leave because
(A)the school or other facility that the child normally attends is, for reasons related to COVID-19, closed, open only at certain times or open only for certain children,
(B)the child cannot attend the school or other facility because
(I)the child contracted or might have contracted COVID-19,
(II)the child is in isolation on the advice of a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or
(III)the child would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the child contracted COVID-19, or
(C)the person who usually cares for the child is not available for reasons related to COVID-19, or
(ii)they must care for a family member who requires supervised care because
(A)the day program or facility that the family member normally attends is, for reasons related to COVID-19, unavailable or closed, available or open only at certain times or available or open only for certain persons,
(B)the family member cannot attend the day program or facility because
(I)the family member contracted or might have contracted COVID-19,
(II)the family member is in isolation on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or
(III)the family member would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the family member contracted COVID-19, or
(C)the care services that are normally provided to the family member at their place of residence are not available for reasons related to COVID-19.
Definitions
(2)The following definitions apply in subsection (1).
COVID-19 means the coronavirus disease 2019.‍ (COVID-19)
family member, in respect of a person, includes anyone whom the person considers to be like a close relative or who considers the person to be like a close relative.‍ (membre de la famille)
medical practitioner means a person who is entitled to practise medicine under the laws of a province.‍ (médecin)
nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients.‍ (infirmier praticien)
Aggregate leave — paragraph (1)‍(b)
(3)Subject to subsection (5), the aggregate amount of leave that an employee may take under paragraph (1)‍(b) is not to exceed 26 weeks, or, if another number of weeks is fixed for the purposes of that paragraph, that number of weeks.
Clarification
(4)For greater certainty, any period of leave taken by an employee under subsection (1), as it read on September 30, 2020, does not count towards the maximum number of weeks referred to in subsection (3).
Aggregate leave — more than one employee
(5)The aggregate amount of leave that may be taken under paragraph (1)‍(b) by two or more employees who reside in the same household is not to exceed 26 weeks or, if another number of weeks is fixed for the purposes of that paragraph, that number of weeks.
Division of leave
(6)The leave of absence may be taken in one or more periods. The employer may require that each period of leave be not less than one day’s duration.
Limitation
(7)If two or more employees reside in the same household, only one of them may take a leave of absence under paragraph (1)‍(b) during any particular period.
Notice to employer
(8)An employee who intends to take a leave of absence under this Division must, as soon as possible, give written notice to the employer of the reasons for the leave and the length of the leave that they intend to take.
Change in length of leave
(9)An employee must, as soon as possible, give written notice to the employer of any change in the length of the leave of absence taken under this Division.
Written declaration
(10)The employer may require an employee to provide a written declaration in support of the reasons for the leave of absence taken under this Division and of any change in the length of that leave.
Employment opportunities
(11)An employee is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on a leave of absence under this Division and for which the employee is qualified, and on receiving that request, the employer must provide the information to the employee.
Prohibition
(12)Subject to subsection (13), an employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee intends to take or has taken a leave of absence under this Division or taking such an intention or absence into account in any decision to promote or train the employee.
Exception
(13)An employer may assign to a different position, with different terms and conditions of employment, any employee who, after a leave of absence under this Division, is unable to perform the work performed by the employee prior to the absence.
Benefits continue
(14)The pension, health and disability benefits and the seniority of an employee who is absent from work due to a leave of absence under this Division accumulate during the entire period of the leave.
Contributions by employee
(15)If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (14), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.
Contributions by employer
(16)An employer who pays contributions in respect of a benefit referred to in subsection (14) must continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time.
Failure to pay contributions
(17)For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (15) and (16), the benefits do not accumulate during the leave of absence under this Division and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.
Deemed continuous employment
(18)For the purposes of calculating benefits, other than benefits referred to in subsection (14), of an employee who is absent from work due to a leave of absence under this Division, employment on the employee’s return to work is to be deemed to be continuous with employment before the employee’s absence.
Regulations
(19)The Governor in Council may, by regulation,
(a)define terms for the purposes of this Division; and
(b)fix a number of weeks for the purposes of paragraph (1)‍(a) or (b).
(2)Division XIII.‍01 of the Act is repealed.
4.‍6(1)Subsection 246.‍1(1) of the Act is amended by adding the following after paragraph (a):
(a.‍1)the employer has taken action against the employee in contravention of section 239.‍01;
(2)Paragraph 246.‍1(1)‍(a.‍1) of the Act is repealed.
(c)section 9 of this Act is amended by adding the following after subsection (3):
October 1, 2020
(4)Subsections 4.‍1(1), 4.‍2(1), 4.‍3(1) and (3), 4.‍4(1) and 4.‍6(1) are deemed to have come into force on October 1, 2020.
October 2, 2020
(5)Subsections 4.‍1(3), 4.‍3(5), 4.‍4(3) and 4.‍5(1) come into force or are deemed to have come into force on October 2, 2020.
September 25, 2021
(6)Subsections 4.‍1(4), 4.‍3(6), 4.‍4(4), 4.‍5(2) and 4.‍6(2) come into force on September 25, 2021.
September 26, 2021
(7)Subsections 4.‍1(2), 4.‍2(2), 4.‍3(2) and (4) and 4.‍4(2) come into force on September 26, 2021.

Coming into Force

September 30, 2020
9(1)Section 6 comes into force on September 30, 2020.
October 1, 2020
(2)Section 3 comes into force on October 1, 2020.
September 25, 2021
(3)Subsection 4(2) comes into force on September 25, 2021.

PART 3

Public Health Events of National Concern Payments
2020, c. 5, s. 9

Public Health Events of National Concern Payments Act

10Section 2 of the Public Health Events of National Concern Payments Act is replaced by the following:
Payments — public health event of national concern (COVID-19)
2Subject to section 3, there may be paid out of the Consolidated Revenue Fund, on the requisition of a federal minister and with the concurrence of the Minister of Finance and the Minister of Health obtained no later than September 30, 2020, all money required to do anything in relation to the measures specified in the schedule in respect of the coronavirus disease 2019 (COVID-19), which has been determined by the Minister of Health to be a public health event of national concern.
Limit
3The total of all payments made under section 2 after September 30, 2020, in respect of a measure specified in the schedule, must not exceed the amount specified in the schedule for that measure.
11The Act is amended by adding, after section 3, the schedule set out in the schedule to this Act.
2020, c. 5

COVID-19 Emergency Response Act

12Section 11 of the COVID-19 Emergency Response Act is replaced by the following:
December 31, 2020
11Section 10 comes into force on December 31, 2020.

Coordinating Amendments

2020, c. 5
13(1)If this Act receives royal assent on September 30, 2020, then section 12 of this Act is deemed to have come into force before section 10 of the COVID-19 Emergency Response Act.
(2)If this Act receives royal assent after September 30, 2020, then
(a)the headings before section 10 of this Act and sections 10 to 12 of this Act are replaced by the following:
PART 3
Public Health Events of National Concern Payments Act
Enactment of Act
Enactment
10The Public Health Events of National Concern Payments Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted:
An Act to authorize the making of payments in relation to public health events of national concern
Short Title
Short title
1This Act may be cited as the Public Health Events of National Concern Payments Act.
Public Health Event of National Concern
Payments — public health event of national concern (COVID-19)
2Subject to section 3, there may be paid out of the Consolidated Revenue Fund, on the requisition of a federal minister and with the concurrence of the Minister of Finance and the Minister of Health obtained no later than September 30, 2020, all money required to do anything in relation to the measures specified in the schedule in respect of the coronavirus disease 2019 (COVID-19), which has been determined by the Minister of Health to be a public health event of national concern.
Limit
3The total of all payments made under section 2 after September 30, 2020, in respect of a measure specified in the schedule, must not exceed the amount specified in the schedule for that measure.
Repeal
Repeal
11The Public Health Events of National Concern Payments Act, enacted by section 10, is repealed.
(b)section 14 of this Act is deemed never to have come into force and is repealed;
(c)this Act is amended by adding the following after the heading “Coming into Force” after this section:
October 1, 2020
13.‍1(1)Section 10 comes into force or is deemed to have come into force on October 1, 2020.
December 31, 2020
(2)Section 11 comes into force on December 31, 2020.
(d)the schedule to this Act is amended by replacing the reference after the heading “SCHEDULE” with the following:
(Section 10)

Coming into Force

October 1, 2020
14Sections 10 and 11 come into force on October 1, 2020.


SCHEDULE

(Section 11)
SCHEDULE
(Sections 2 and 3)
Payment Limits
Measure
Limits (Oct. 1 to Dec. 31, 2020) ($ millions) (cash basis)
Protecting Health and Safety
–    COVID-19 Response Fund
34
–    Funding for Personal Protective Equipment (PPE) and Supplies
869
–    Safe Restart Agreement – Funding for Federal Investments in Testing, Contact Tracing and Data Management
642
–    Safe Restart Agreement – Funding for PPE (Public Health Agency of Canada)
1,811
–    Safe Restart Agreement – Funding for PPE (Public Services and Procurement Canada)
150
–    PPE and Related Equipment Support for Essential Workers (Public Services and Procurement Canada)
150
–    Support for Health Canada and the Public Health Agency of Canada
18
–    Medical Research, Countermeasures, Vaccine Funding and Developments, Border and Travel Measures and Isolation Sites
4,449
–    Bio-manufacturing Capacity Expansion – National Research Council Royalmount Facility
34
–    Consular Assistance for Canadians Abroad
16
–    Virtual Care and Mental Health Tools for Canadians
116
–    Enhancing Public Health Measures in Indigenous Communities
111
–    Personal Support Worker Training and Other Measures to Address Labour Shortages in Long-Term and Home Care
13
Support for Individuals
–    Canada Emergency Response Benefit (CERB)
3,000
–    Supporting Provincial and Territorial Job Training Efforts as Part of COVID-19 Economic Recovery
1,500
–    Ensuring Access to Canada Revenue Agency Call Centres
90
–    Canada Revenue Agency Funding for COVID-19 Economic Measures
61
Support for Students and Recent Graduates
–    Youth Employment and Skills Development Programs
262
–    Canada Emergency Student Benefit (CESB)
140
Support for Seniors
–    New Horizons for Seniors Program expansion
9
Support for Vulnerable Groups
–    Indigenous Community Support Fund
250
–    Supporting a Safe Restart in Indigenous Communities
302
–    Addressing Gender-Based Violence during COVID-19
50
–    Support for People experiencing Homelessness (through Reaching Home)
9
–    Additional Support for Canadians Experiencing Homelessness during COVID-19
237
–    Rapid Housing Initiative
504
–    Supporting Children and Youth (Kids Help Phone)
2
–    Additional Support for Food Banks
50
–    Support for Charities and Non-Profits Serving Vulnerable People
74
–    Support for Persons with Disabilities (Opportunities Fund)
15
–    Support for Veterans’ Organizations
20
Support for Businesses
–    Alternative Credit Support for Businesses Unable to Access other Emergency Measures (RDAs, Community Futures Network, Futurpreneur Canada, Innovation Assistance Program)
74
–    Targeted Extension of the Innovation Assistance Program
125
–    Regional Relief and Recovery Fund Top-Up
328
–    Support for fish and seafood processors
13
–    Supporting Canada’s farmers, food businesses, and food supply
23
–    Canada Emergency Commercial Rent Assistance
1,184
–    Granville Island Emergency Relief Fund
6
–    Support for the Federal Bridge Corporation Limited
1
Support for Sectors
–    Addressing the Outbreak of COVID-19 among Temporary Foreign Workers on Farms
20
–    Support for Food System Firms that Hire Temporary Foreign Workers (including Labour Market Impact Assessment adjustments)
34
–    Support for Cultural, Heritage and Sport Organizations
17
–    Support for Fish Harvesters
151
–    Support for the Academic Research Community
126
–    Support for the Audiovisual Industry
50

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