Bill C-371
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C-371
First Session, Forty-first Parliament,
60 Elizabeth II, 2011
HOUSE OF COMMONS OF CANADA
BILL C-371
An Act to amend the Employment Insurance Act (illness of child) and another Act in consequence
first reading, November 30, 2011
Mr. Brown (Leeds—Grenville)
411450
SUMMARY
This enactment amends the Employment Insurance Act to extend benefits to a claimant — employee or self-employed person — whose child has a serious medical condition that requires a parent to remain at home or with the child while the child receives care. It also amends the Canada Labour Code in consequence.
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http://www.parl.gc.ca
1st Session, 41st Parliament,
60 Elizabeth II, 2011
house of commons of canada
BILL C-371
An Act to amend the Employment Insurance Act (illness of child) and another Act in consequence
Her Majesty, by and with the advice and consent of the Senate and House of Commons
of Canada, enacts as follows:
1996, c. 23
EMPLOYMENT INSURANCE ACT
1. (1) Subsection 10(2) of the Employment Insurance Act is replaced by the following:
Length of benefit period
(2) Except as otherwise provided in subsections (10) to (15) and in sections 23.2 and 24, the length of a benefit period is 52 weeks.
(2) The portion of subsection 10(5.1) of the Act before paragraph (a) is replaced by the following:
Exception
(5.1) A claim for benefits referred to in section 23.1 with respect to a family member or in section 23.2 with respect to a child shall not be regarded as having been made on an earlier day under subsection (4) or (5) if
2. The Act is amended by adding the following after section 23.1:
Definitions
23.2 (1) The following definitions apply in this section.
“child”
« enfant »
« enfant »
“child”, in relation to a claimant, means a child of the claimant or a child of the claimant’s spouse or common-law partner who
(a) is less than 18 years of age; or
(b) is 18 years of age or more but less than 25, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached 18 years of age or since the child became ill.
“qualified medical practitioner”
« médecin qualifié »
« 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 a child is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3).
Parental benefits
(2) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for a child if a qualified medical practitioner has issued a certificate stating that the child has a serious medical condition that requires a parent to remain at home or with the child while the child receives care
(a) from the day the certificate is issued;
(b) in the case of a claim that is made before the day the certificate is issued, from the day on which the qualified medical practitioner certifies the child’s medical condition; or
(c) in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), from that earlier day.
Certificate
(3) The certificate must state the number of weeks — to a maximum of 52 weeks — that the child is expected to require a parent to remain at home or with the child while the child receives care.
Second certificate may be issued
(4) If, at the end of the period set out in the certificate issued under subsection (2), the child still requires a parent to remain at home or with the child while the child receives care, the medical practitioner may issue a new certificate to extend the period, to a maximum of 52 additional weeks.
Weeks for which benefits may be paid
(5) Despite section 12, benefits under this section are payable for each week of unemployment in the period
(a) that begins with the first day of the week in which the following falls, namely,
(i) the day the first certificate in respect of the child is issued and filed with the Commission,
(ii) in the case of a claim that is made before the day the certificate is issued, the day from which the medical doctor certifies the child’s medical condition, or
(iii) in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), that earlier day; and
(b) that ends on the last day of the week in which any of the following occurs, namely,
(i) all benefits payable under this section in respect of the child are exhausted,
(ii) the child is no longer in need of medical care,
(iii) the child dies, or
(iv) the expiration of the time set out in the certificate, to a maximum of 104 weeks.
Length of benefit period
(6) Despite section 10, the length of a benefit period is 104 weeks.
Deferral of waiting period
(7) A claimant who makes a claim for benefits under this section may have his or her waiting period deferred until he or she makes another claim for benefits in the same benefit period if
(a) the claimant has already made a claim for benefits under this section in respect of the same child and has served the waiting period;
(b) another claimant has made a claim for benefits under this section in respect of the same child during the period described in subsection (4) and that other claimant has served or is serving the waiting period; or
(c) another claimant is making a claim for benefits under this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period.
Division of weeks of benefits
(8) If more than one claimant makes a claim for benefits under this section in respect of the same child, any remaining weeks of benefits payable under this section may be divided in the manner agreed to by those claimants.
Failure to agree
(9) If the claimants referred to in subsection (8) cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
Limitation
(10) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed.
3. The Act is amended by adding the following after section 152.06:
Definitions
152.061 (1) The following definitions apply in this section.
“child”
« enfant »
« enfant »
“child”, in relation to a self-employed person, means a child of the self-employed person or a child of the self-employed person’s spouse or common-law partner who
(a) is less than 18 years of age; or
(b) is 18 years of age or more but less than 25, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached 18 years of age or since the child became ill.
“qualified medical practitioner”
« médecin qualifié »
« 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 a child is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 152.06(2).
Parental benefits
(2) Despite subsection 152.03(4), but subject to this section, benefits are payable to a self-employed person to care for a child if a qualified medical practitioner has issued a certificate stating that the child has a serious medical condition that requires a parent to remain at home or with the child while the child receives care
(a) from the day the certificate is issued;
(b) in the case of a claim that is made before the day the certificate is issued, from the day on which the qualified medical practitioner certifies the child’s medical condition; or
(c) in the case of a claim that is regarded to have been made on an earlier day under subsection 152.11(4) or (5), from that earlier day.
Certificate
(3) The certificate must state the number of weeks — to a maximum of 52 weeks — that the child is expected to require a parent to remain at home or with the child while the child receives care.
Second certificate may be issued
(4) If, at the end of the period set out in the certificate issued under subsection (2), the child still requires a parent to remain at home or with the child while the child receives care, the medical practitioner may issue a new certificate to extend the period, to a maximum of 52 additional weeks.
Weeks for which benefits may be paid
(5) Despite section 152.14, benefits under this section are payable for each week of unemployment in the period
(a) that begins with the first day of the week in which the following falls, namely,
(i) the day the first certificate in respect of the child is issued and filed with the Commission,
(ii) in the case of a claim that is made before the day the certificate is issued, the day from which the medical doctor certifies the child’s medical condition, or
(iii) in the case of a claim that is regarded to have been made on an earlier day under subsection 152.11(4) or (5), that earlier day; and
(b) that ends on the last day of the week in which any of the following occurs, namely,
(i) all benefits payable under this section in respect of the child are exhausted,
(ii) the child is no longer in need of medical care,
(iii) the child dies, or
(iv) the expiration of the time set out in the certificate, to a maximum of 104 weeks.
Length of benefit period
(6) Despite section 152.11, the length of a benefit period is 104 weeks.
Deferral of waiting period
(7) A self-employed person who makes a claim for benefits under this section may have his or her waiting period deferred until he or she makes another claim for benefits in the same benefit period if
(a) the self-employed person has already made a claim for benefits under this section in respect of the same child and has served the waiting period;
(b) another self-employed person has made a claim for benefits under this section in respect of the same child during the period described in subsection (4) and that other self-employed person has served or is serving the waiting period; or
(c) another self-employed person is making a claim for benefits under this section in respect of the same child at the same time as the self-employed person and that other self-employed person elects to serve the waiting period.
Division of weeks of benefits
(8) If more than one self-employed person makes a claim for benefits under this section in respect of the same child, any remaining weeks of benefits payable under this section may be divided in the manner agreed to by those self-employed persons.
Failure to agree
(9) If the self-employed persons referred to in subsection (8) cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
Limitation
(10) When benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the self-employed person under a provincial law for the same or substantially the same reasons, the benefits payable to the self-employed person under this section shall be reduced or eliminated as prescribed.
4. (1) Subsection 152.11(2) of the Act is replaced by the following:
Length of benefit period
(2) The length of a benefit period is 52 weeks, except as otherwise provided in subsections (11) to (19) and in section 152.061.
(2) The portion of subsection 152.11(6) of the Act before paragraph (a) is replaced by the following:
Length of benefit period
(6) A claim for benefits referred to in section 152.06 with respect to a family member or in section 152.061 with respect to a child shall not be regarded as having been made on an earlier day under subsection (4) or (5) if
CONSEQUENTIAL AMENDMENT
R.S., c. L-2
Canada Labour Code
5. The Canada Labour Code is amended by adding the following after section 206.3:
Leave to Care for Sick Child
Definitions
206.4 (1) The following definitions apply in this section.
“child”
« enfant »
« enfant »
“child” means a child of the employee or a child of the employee’s spouse or common-law partner who
(a) is less than 18 years of age; or
(b) is 18 years of age or more but less than 25, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached 18 years of age or since the child became ill.
“common-law partner”
« conjoint de fait »
« conjoint de fait »
“common-law partner”, in relation to an employee, means a person who is cohabiting with the employee in a conjugal relationship, having so cohabited for a period of at least one year.
“qualified medical practitioner”
« médecin qualifié »
« 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 a child 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 »
« semaine »
“week” means a week as defined in subsection 206.3(1).
Entitlement to leave
(2) Subject to subsections (3) to (7), every employee is entitled to and shall be granted a leave of absence from employment of up to 104 weeks to care for a child if a qualified medical practitioner issues a certificate stating that the child has a serious medical condition that requires a parent to remain at home or with the child while the child receives care.
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 any of the following occurs, namely,
(i) the child is no longer in need of medical care,
(ii) the child dies, or
(iii) the expiration of the period set out in the certificate, to a maximum of 104 weeks.
Extension of period
(4) The period referred to in subparagraph (3)(b)(iii) may be extended — to a maximum of 52 additional weeks — if the qualified medical practitioner issues a new certificate setting out the number of weeks that the child is expected to require a parent to remain at home or with the child while the child receives care.
Minimum period of leave
(5) 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
(6) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care of the same child shall not exceed 156 weeks in the period referred to in subsection (3).
Copy of certificate
(7) 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 subsections (2) and (4).
Published under authority of the Speaker of the House of Commons
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