Bill C-28

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

PDF

	(11.4) Subject to subsection (11.5), no extension under any of subsections (11.1) to (11.33 ) may result in a benefit period of more than 104 weeks.
	(11.5) Unless a benefit period is also extended under subsection (11.1) or (11.2), no extension under subsections (11.3) to (11.33) may result in a benefit period of more than
	(a) in the case of an extension under subsection (11.3), 67 weeks;
	(b) in the case of an extension under subsection (11.31) or (11.32), 58 weeks; and
	(c) in the case of an extension under subsection (11.33), 73 weeks.
2002, c. 9, s. 16(2)	(3) Subsection 8(14) of the Regulations is replaced by the following:
	(14) No benefit period established under subsection (1) or (6) shall be extended beyond the date determined in accordance with any of subsections (11) to (11.33 ).
2002, c. 9, s. 16(3)	(4) Subsection 8(17.1) of the Regulations is replaced by the following:
	(17.1) For the purpose of subsection (17), the reference in subsection 12(5) of the Act to
	(a) subsection 10(13) of the Act is to be read as a reference to subsection (11.3) of this section;
	(b) subsection 10(13.1) of the Act is to be read as a reference to subsection (11.31) of this section;
	(c) subsection 10(13.2) of the Act is to be read as a reference to subsection (11.32) of this section; and
	(d) subsection 10(13.3) of the Act is to be read as a reference to subsection (11.33) of this section.
	24. (1) Subsection 12(3) of the Regulations is replaced by the following:
	(3) Subject to subsection (4), sections 22 to 23.1 of the Act apply to the payment of special benefits under this section.
	(2) Paragraph 12(4)(b) of the Regulations is replaced by the following:
	(b) entitled to benefits under section 22, 23 or 23.1 of the Act.
	Transitional Provisions
	25. (1) Sections 15 to 20 and 22 apply to a claimant for any benefit period
	(a) that begins on or after January 4, 2004; or
	(b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date.
	(2) Sections 23 and 24 apply to a fisher for any benefit period
	(a) that begins on or after January 4, 2004; or
	(b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date.
	Related Amendments
R.S., c. L-2	Canada Labour Code
1993, c. 42, s. 26	26. *The heading ``Reassignment, Maternity Leave and Parental Leave'' immediately after the heading ``Division vii'' in Part III of the Canada Labour Code* is replaced by the following:**
	REASSIGNMENT, MATERNITY LEAVE, PARENTAL LEAVE AND COMPASSIONATE CARE LEAVE
	27. The Act is amended by adding the following after section 206.2:
	Compassionate Care Leave
Definitions	206.3 (1) The following definitions apply in this section.
``common-la w partner'' « conjoint de fait »	``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.
``family member'' « membre de la famille »	``family member'', in relation to an employee, means
	(a) a spouse or common-law partner of the employee;
	(b) a child of the employee or a child of the employee's spouse or common-law partner;
	(c) a parent of the employee or a spouse or common-law partner of the parent; and
	(d) any other person who is a member of a class of persons prescribed for the purposes of this definition or the definition ``family member'' in subsection 23.1(1) of the Employment Insurance Act.
``qualified medical practitioner'' « médecin qualifié »	``qualified medical practitioner'' means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of the family member is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3) of the Employment Insurance Act.
``week'' « semaine »	``week'' means the period between midnight on Saturday and midnight on the immediately following Saturday.
Entitlement to leave	(2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to eight weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from
	(a) the day the certificate is issued; or
	(b) if the leave was commenced before the certificate was issued, the day the leave was commenced.
Period when leave may be taken	(3) The leave of absence may only be taken during the period
	(a) that starts with
	(i) the first day of the week in which the certificate is issued, or
	(ii) if the leave was commenced before the certificate was issued, the first day of the week in which the leave was commenced if the certificate is valid from any day in that week; and
	(b) that ends with the last day of the week in which either of the following occurs, namely,
	(i) the family member dies, or
	(ii) the expiration of 26 weeks following the first day of the week referred to in paragraph (a).
Shorter period	(4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) of the Employment Insurance Act,
	(a) the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and
	(b) that shorter period applies for the purposes of subparagraph (3)(b)(ii).
Expiration of shorter period	(5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) of the Employment Insurance Act has elapsed.
Minimum period of leave	(6) A leave of absence under this section may only be taken in periods of not less than one week's duration.
Aggregate leave - more than one employee	(7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed eight weeks in the period referred to in subsection (3).
Copy of certificate	(8) If requested in writing by the employer within 15 days after an employee's return to work, the employee must provide the employer with a copy of the certificate referred to in subsection (2).
	28. Section 209.3 of the Act is renumbered as subsection 209.3(1) and is amended by adding the following:
Prohibition - compassionat e care leave	(2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under section 206.3.
	29. Section 209.4 of the Act is amended by adding the following after paragraph (a):
	(a.1) prescribing classes of persons for the purposes of paragraph (d) of the definition ``family member'' in subsection 206.3(1);
	Coming into Force
Coming into force	30. (1) Subject to subsection (2), the provisions of this Part, other than sections 21, 23 and 24, come into force on a day to be fixed by order of the Governor in Council.
Coming into force	*(2) Despite section 153 of the Employment Insurance Act, sections 23 and 24 come into force on a day to be fixed by order of the Governor in Council.*
	PART 5
	GENERAL - NON-TAX MEASURES
	Foundations
1997, c. 26	Budget Implementation Act, 1997
	31. *Section 31 of the Budget Implementation Act, 1997* is renumbered as subsection 31(1) and is amended by adding the following:**
Repayment out of remaining property	(2) Despite subsection (1), the Minister may require the foundation to repay out of the moneys arising from the liquidation to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the foundation.
1998, c. 21	Budget Implementation Act, 1998
	32. *Section 43 of the Budget Implementation Act, 1998* is renumbered as subsection 43(1) and is amended by adding the following:**
Repayment out of remaining property	(2) Despite subsection (1), the Ministers may require the Foundation to repay out of the moneys arising from the liquidation to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the Foundation.
2001, c. 23	Canada Foundation for Sustainable Development Technology Act
	33. *Section 32 of the Canada Foundation for Sustainable Development Technology Act* is renumbered as subsection 32(1) and is amended by adding the following:**
Repayment out of remaining property	(2) Despite subsection (1), the Minister may require the Foundation to repay out of the moneys arising from the liquidation to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the Foundation.
	Appropriations for Grants
	Canada Foundation for Sustainable Development Technology
$250,000,000 granted	34. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of the Environment and the Minister of Natural Resources, be paid and applied a sum not exceeding two hundred and fifty million dollars for payment to the Canada Foundation for Sustainable Development Technology for its use.
	Canadian Foundation for Climate and Atmospheric Sciences
$50,000,000 granted	35. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of the Environment, be paid and applied a sum not exceeding fifty million dollars for payment to the Canadian Foundation for Climate and Atmospheric Sciences for its use.
	Canada Health Infoway Inc.
$600,000,000 granted	36. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Health, be paid and applied a sum not exceeding six hundred million dollars for payment to the Canada Health Infoway Inc. for its use.
	Canadian Health Services Research Foundation
$25,000,000 granted	37. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Health, be paid and applied a sum not exceeding twenty-five million dollars for payment to the Canadian Health Services Research Foundation for its use.
	Canadian Institute for Health Information
$70,000,000 granted	38. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Health, be paid and applied a sum not exceeding seventy million dollars for payment to the Canadian Institute for Health Information for its use.
	Canada Foundation for Innovation
$500,000,000 granted	39. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Industry, be paid and applied a sum not exceeding five hundred million dollars for payment to the Canada Foundation for Innovation for its use.
	Genome Canada
$75,000,000 granted	40. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Industry, be paid and applied a sum not exceeding seventy-five million dollars for payment to Genome Canada for its use.