Bill C-217

1st Session, 40th Parliament,

57 Elizabeth II, 2008

house of commons of canada

BILL C-217

An Act to amend the Employment Insurance Act and the Canada Labour Code (compassionate care benefits for caregivers)

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

1. Paragraphs 10(15)(b) and (c) of the Employment Insurance Act are replaced by the following:

(b) no extension under subsection (13.1) or (13.2) may result in a benefit period of more than 78 weeks; and

(c) no extension under subsection (13.3) may result in a benefit period of more than 93 weeks.

2. (1) Paragraph 12(3)(d) of the Act is replaced by the following:

(d) because the claimant is providing care or support to one or more family members described in subsection 23.1(2), is 26.

(2) Subsection 12(4.1) of the Act is replaced by the following:

(4.1) Even if more than one claim is made, or certificate is issued, in respect of the same family member, the maximum number of weeks of benefits payable under section 23.1 is 26 weeks during the period of 52 weeks beginning with the first day of the week referred to in paragraph 23.1(4)(a).

(3) Paragraphs 12(5)(b) and (c) of the Act are replaced by the following:

(b) is extended under subsection 10(13.1) or (13.2), the maximum number of combined weeks is 76; and

(c) is extended under subsection 10(13.3), the maximum number of combined weeks is 91.

3. Paragraphs 23(3.3)(b) and (c) of the Act are replaced by the following:

(b) for an extension under subsection (3.21) or (3.22), 78 weeks; and

(c) for an extension under subsection (3.23), 93 weeks.

4. (1) The portion of paragraph 23.1(2)(a) of the Act before subparagraph (i) is replaced by the following:

(a) a family member of the claimant has a serious medical condition with a significant risk of death within 52 weeks

(2) Subparagraph 23.1(4)(b)(iii) of the Act is replaced by the following:

(iii) the expiration of 52 weeks following the first day of the week referred to in paragraph (a).

5. (1) The portion of subsection 206.3(2) of the Canada Labour Code before paragraph (a) is replaced by the following:

(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 52 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 52 weeks from

(2) Subparagraph 206.3(3)(b)(ii) of the Act is replaced by the following:

(ii) the expiration of 52 weeks following the first day of the week referred to in paragraph (a).

(3) Subsection 206.3(7) of the Act is replaced by the following:

(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 52 weeks in the period referred to in subsection (3).