Bill C-249: An Act to amend the Employment Insurance Act (combined weeks of benefits rule and certain benefits)

1996, c. 23 Employment Insurance Act 1 (1) Subsection 10(10) of the Employment Insurance Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph: (c.1) in receipt of benefits paid because of pregnancy under section 22 or parental benefits under section 23; or (2) Subsection 10(13.02) of the Act is replaced by the following: Extension of period — regular and special benefits (13.02) If, during a claimant’s benefit period, regular benefits were paid, benefits were paid for the reason mentioned in paragraph 12(3)(b) in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii), and benefits were paid for fewer than the total number of weeks established under subsection 12(6), the benefit period is extended so that benefits may be paid up to that total number of weeks. The extension must not exceed 26 weeks. 2 (1) Paragraph 12(3)(f) of the Act is replaced by the following: (f) because the claimant is providing care or support to one or more critically ill adults described in subsection 23.3(1) is 26 . (2) Subsection 12(4.5) of the Act is replaced by the following: Maximum — critically ill adult (4.5) Even if more than one claim is made under this Act, at least one of which is made under section 23.3 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.3 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.3(3)(a). (3) Subsection 12(6) of the Act is replaced by the following: Combined weeks of benefits (6) In a claimant’s benefit period, the claimant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled under subsection (2), (2.1) or (2.3) and because of a reason mentioned in subsection (3), but the total number of weeks of benefits shall not exceed 50, except in the case of benefits paid under paragraph (3)(a), (b) or (f) . (4) Subsection 12(7) of the Act is repealed. 3 Subsection 23(3.22) of the Act is replaced by the following: Extension of period — regular and special benefits (3.22) If, during a claimant’s benefit period, regular benefits were paid, benefits were paid for the reason mentioned in paragraph 12(3)(b) in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii), and benefits were paid for fewer than the total number of weeks established under subsection 12(6), the period referred to in subsection (2) is extended for the same number of weeks as the extension established under subsection 10(13.02). 4 (1) Subsection 23.3(6) of the Act is replaced by the following: Division of weeks of benefits (6) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.062 in respect of the same adult, any remaining weeks of benefits payable under this section, under section 152.062 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by those claimants. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules. (2) Subsection 23.3(7) of the Act is replaced by the following: Maximum divisible number of weeks (7) For greater certainty, if, in respect of the same adult, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.062, the total number of weeks of benefits payable under this section and section 152.062 that may be divided between them must not exceed 26 weeks. 5 (1) Subsection 152.062(6) of the Act is replaced by the following: Division of weeks of benefits (6) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.3 in respect of the same adult, any remaining weeks of benefits payable under this section, under section 23.3 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules. (2) Subsection 152.062(7) of the Act is replaced by the following: Maximum divisible number of weeks (7) For greater certainty, if, in respect of the same adult, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.3, the total number of weeks of benefits payable under this section and section 23.3 that may be divided between them must not exceed 26 weeks. 6 (1) Paragraph 152.14(1)(f) of the Act is replaced by the following: (f) because the self-employed person is providing care or support to one or more critically ill adults described in subsection 152.062(1) is 26 . (2) Subsection 152.14(5.2) of the Act is replaced by the following: Maximum — critically ill adult (5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.062 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.062 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.062(3)(a). 7 Schedule IV to the Act is repealed.