Bill C-318: An Act to amend the Employment Insurance Act and the Canada Labour Code (adoptive and intended parents)

1996, c. 23 Employment Insurance Act 1 Section 6 of the Employment Insurance Act is amended by adding the following after subsection (1): Surrogacy (1.1) For the purposes of this Part, a reference to the placement of one or more children with a claimant for the purpose of adoption includes a situation in which one or more children are surrendered to a claimant by a surrogate mother under the laws governing surrogacy in the province in which the claimant resides. Indigenous customs or traditions (1.2) For greater certainty, in this Part, a reference to the placement of one or more children with a claimant for the purpose of adoption includes a situation in which one or more Indigenous children are placed, in accordance with the customs or traditions of the Indigenous group, community or people to which they belong, with a claimant, other than their parent, for the purpose of giving the claimant primary responsibility for providing their day-to-day care. 2 (1) Subsection 10(12) of the Act is replaced by the following: Extension of benefit period — children in hospital (12) If the child or children referred to in subsection 22.1(1) or 23(1) are hospitalized during the period referred to in subsection 22.1(2) or 23(2), the benefit period is extended by the number of weeks during which the child or children are hospitalized. (2) Paragraph 10(13.01)(c) of the Act is replaced by the following:   (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (a.1), (c), (d), (e) or (f). 3 (1) Subsection 12(3) of the Act is amended by adding the following after paragraph (a): (a.1) because the claimant is caring for one or more children placed with the claimant for the purpose of adoption is 15; (2) Subsection 12(4) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph: (a.1) for the care of one or more adopted children as a result of a single placement is 15; and 4 Subsection 18(2) of the Act is replaced by the following: Exception (2) A claimant to whom benefits are payable under any of sections 22.1 to 23.3 is not disentitled under paragraph (1)(b) for failing to prove that he or she would have been available for work were it not for the illness, injury or quarantine. 5 The Act is amended by adding the following after section 22: Attachment benefits 22.1 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides. Weeks for which benefits may be paid (2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period (a) that begins with the week in which the child or children are actually placed with the claimant for the purpose of adoption; and (b) that ends 52 weeks after the week in which the child or children are actually placed with the claimant for the purpose of adoption. Extension of period — children in hospital (3) If the child or children referred to in subsection (1) are hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child or children are hospitalized. Limitation (4) No extension under subsection (3) may result in the period being longer than 104 weeks. Extension of period — special benefits (5) The period referred to in subsection (2) is extended so that benefits may be paid up to the applicable maximum number of weeks referred to in paragraph 12(3)(a.1) if, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant; (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (f); (c) the maximum total number of weeks established for those reasons is greater than 50; and (d) benefits were paid for the reason mentioned in paragraph 12(3)(a.1) but for fewer than the applicable maximum number of weeks established for that reason. Limitation (6) If 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 for the same reasons under a provincial law, the benefits payable to the claimant under this Act are to be reduced or eliminated as prescribed. Division of weeks of benefits (7) If two major attachment claimants each make a claim for benefits under this section — or if one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.041 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.041 or under both those sections may be divided between them up to a maximum of 15. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules. Maximum number of weeks per claimant (8) Even if the weeks of benefits payable are divided in accordance with subsection (7), the maximum number of weeks for which benefits may be paid to a claimant is 15 weeks. 6 (1) Paragraph 23(3.21)(c) of the Act is replaced by the following:   (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (a.1), (c), (d), (e) or (f). (2) Subsections 23(5) and (6) of the Act are replaced by the following: Deferral of waiting period (5) A major attachment claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period, otherwise than under section 22 or 22.1 or this section, if (a) the claimant has already made a claim for benefits under section 22 or 22.1 or this section in respect of the same child and has served the waiting period; (b) another major attachment claimant has made a claim for benefits under section 22 or 22.1 or this section in respect of the same child and that other claimant has served or is serving their waiting period; (c) another major attachment claimant is making a claim for benefits under section 22 or 22.1 or 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; or (d) the claimant or another major attachment claimant meets the prescribed requirements. Exception (6) If a major attachment claimant makes a claim under section 22 or 22.1 or this section and an individual makes a claim under section 152.04, 152.041 or 152.05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then (a) if the major attachment claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or (b) if the individual is not the one who served or elected to serve the waiting period, that claimant may have his or her waiting period deferred in accordance with section 152.041 or 152.05. 7 Paragraph 54(f.7) of the Act is replaced by the following: (f.7) prescribing rules for the purposes of subsections 22.1(7), 23(4), 23.1(9), 23.2(8), 23.3(6), 152.041(8), 152.05(12), 152.06(7), 152.061(8) and 152.062(6); 8 Section 152.01 of the Act is amended by adding the following after subsection (1): Surrogacy (1.1) For the purposes of this Part, a reference to the placement of one or more children with a self-employed person for the purpose of adoption includes a situation in which one or more children are surrendered to a self- employed person by a surrogate mother under the laws governing surrogacy in the province in which the self-employed person resides. Indigenous customs or traditions (1.2) For greater certainty, in this Part, a reference to the placement of one or more children with a self-employed person for the purpose of adoption includes a situation in which one or more Indigenous children are placed, in accordance with the customs or traditions of the Indigenous group, community or people to which they belong, with a self-employed person, other than their parent, for the purpose of giving the self-employed person primary responsibility for providing their day-to-day care. 9 Subsection 152.03(1.1) of the Act is replaced by the following: Exception (1.1) A self-employed person to whom benefits are payable under any of sections 152.041 to 152.062 is entitled to benefits under subsection (1) even though the person did not cease to work as a self-employed person because of a prescribed illness, injury or quarantine and would not be working even without the illness, injury or quarantine. 10 The Act is amended by adding the following after section 152.04: Attachment benefits 152.041 (1) Subject to this Part, benefits are payable to a self-employed person to care for one or more children placed with the person for the purpose of adoption under the laws governing adoption in the province in which the person resides. Weeks for which benefits may be paid (2) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period (a) that begins with the week in which the child or children are actually placed with the self-employed person for the purpose of adoption; and (b) that ends 52 weeks after the week in which the child or children are actually placed with the self- employed person for the purpose of adoption. Extension of period — child in hospital (3) If the child or children referred to in subsection (1) are hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child or children are hospitalized. Limitation (4) No extension under subsection (3) may result in the period being longer than 104 weeks. Extension of period (5) If, during a self-employed person’s benefit period, benefits were paid to the person for more than one of the reasons mentioned in paragraphs 152.14(1)(a) to (f), the maximum total number of weeks established for those reasons is greater than 50, and benefits were paid for the reason mentioned in paragraph 152.14(1)(a.1) but for fewer than the applicable maximum number of weeks established for that reason, the period referred to in subsection (2) is extended so that benefits may be paid up to the applicable maximum number of weeks referred to in paragraph 152.14(1)(a.1). Limitation (6) An extension under subsection (5) must not result in the period referred to in subsection (2) being longer than the maximum benefit period calculated under subsection 152.11(16). Limitation (7) If 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 person for the same reasons under a provincial law, the benefits payable to the self-employed person under this Part are to be reduced or eliminated as prescribed. Division of weeks of benefits (8) If two self-employed persons each make a claim for benefits under this section — or if one self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 22.1 — in respect of the same child or children, the weeks of benefits payable under this section, under section 22.1 or under both those sections may be divided between them up to a maximum of 15. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules. 11 Subsections 152.05(14) and (15) of the Act are replaced by the following: Deferral of waiting period (14) 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, otherwise than under section 152.04 or 152.041 or this section, if (a) the self-employed person has already made a claim for benefits under section 152.04 or 152.041 or this section in respect of the same child or children and has served the waiting period; (b) another self-employed person has made a claim for benefits under section 152.04 or 152.041 or this section in respect of the same child or children and that other self-employed person has served or is serving his or her waiting period; (c) another self-employed person is making a claim for benefits under section 152.04 or 152.041 or this section in respect of the same child or children at the same time as the self-employed person and that other self-employed person elects to serve the waiting period; or (d) the self-employed person or another self- employed person meets the prescribed requirements. Exception (15) If a self-employed person makes a claim under this Part and another person makes a claim under section 22, 22.1 or 23 in respect of the same child or children and one of them has served or elected to serve their waiting period, then (a) if the self-employed person is not the one who served or elected to serve the waiting period, the self-employed person is not required to serve a waiting period; or (b) if the person making the claim under section 22, 22.1 or 23 is not the one who served or elected to serve the waiting period, the person may have his or her waiting period deferred in accordance with section 22.1 or 23. 12 (1) Subsection 152.11(13) of the Act is replaced by the following: Extension of benefit period — child in hospital (13) If the child or children referred to in subsection 152.041(1) or 152.05(1) are hospitalized during the period referred to in subsection 152.041(2) or 152.05(2), the benefit period is extended by the number of weeks during which the child or children are hospitalized. (2) Subsection 152.11(14.1) of the Act is replaced by the following: Extension of benefit period — reason mentioned in paragraph 152.14(1)(b) (14.1) If, during a self-employed person’s benefit period, benefits were not paid for any reason mentioned in paragraph 152.14(1)(a), (a.1), (c), (d), (e) or (f), and benefits were paid to the person for the reason mentioned in paragraph 152.14(1)(b) in the case where the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(ii), the benefit period is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks. 13 (1) Subsection 152.14(1) of the Act is amended by adding the following after paragraph (a): (a.1) because the self-employed person is caring for one or more children placed with the self-employed person for the purpose of adoption is 15; (2) Subsection 152.14(2) of the Act is amended by striking out “and” and the end of paragraph (a) and by adding the following after that paragraph: (a.1) for the care of one or more adopted children as a result of a single placement is 15; and R.S., c. L-2 Canada Labour Code 14 (1) Subsections 206.1(1) and (2) of the Canada Labour Code are replaced by the following: Entitlement to leave 206.1 (1) Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for a newborn child of the employee or up to 80 weeks to care for a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides. Period when leave may be taken — new-born child (2) In the case of a new-born child of the employee, the leave of absence granted under this section may only be taken during the 78-week period beginning, at the option of the employee, on the day the child is born or comes into the actual care of the employee. Period when leave may be taken — adoption (2.01) In the case of an adoption, the leave of absence granted under this section may only be taken during the 80-week period beginning on the day the child comes into the actual care of the employee. (2) Subsection 206.1(3) of the Act is replaced by the following: Aggregate leave — birth (3) The aggregate amount of leave that may be taken by more than one employee under this section in respect of the same birth shall not exceed 71 weeks, but the amount of leave that may be taken by one employee under this section in respect of the same birth shall not exceed 63 weeks. Aggregate leave — adoption (3.1) The aggregate amount of leave that may be taken by more than one employee under this section in respect of the same adoption shall not exceed 88 weeks, but the amount of leave that may be taken by one employee under this section in respect of the same adoption shall not exceed 80 weeks. Surrogacy (3.2) For the purposes of this section, a reference to a child who is in the care of an employee for the purpose of adoption includes a child surrendered to an employee by a surrogate mother under the laws governing surrogacy in the province in which the employee resides. Indigenous customs or traditions (3.3) For greater certainty, in this section, a reference to a child who is in the care of an employee for the purpose of adoption includes an Indigenous child placed, in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs, with an employee, other than the child’s parent, for the purpose of giving the employee primary responsibility for providing the child’s day-to-day care. 15 Subsection 207.2(3) of the Act is replaced by the following: Refusal (3) If the employer refuses the interruption or does not advise the employee within the week referred to in subsection (2), the leave under section 206 or 206.1 is extended by the number of weeks during which the child is hospitalized. The aggregate amounts of leave referred to in subsections 206.1(3) and (3.1) and section 206.2 are extended by the same number of weeks. Transitional Provision Attachment benefits 16 Sections 22.1 and 152.041 of the Employment Insurance Act , as enacted by sections 5 and 10, respectively, apply to a claimant for any benefit period (a) that begins on or after the day on which this Act receives royal assent; or (b) that has not ended before that day, but only for weeks of benefits that begin on or after that day. Coordinating Amendments 2012, c. 27 17 (1) In this section, other Act means Helping Families in Need Act . (2) If section 35 of the other Act produces its effects before section 14 of this Act comes into force, then, on the day on which that section 14 comes into force, (a) subsections 206.1(1) and (2) of the Canada Labour Code are replaced by the following: Entitlement to leave 206.1 (1) Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to (a) 63 weeks to care for (i) a new-born child of the employee, or (ii) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act ; or (b) 80 weeks to care for a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides. Period when leave may be taken (2) The leave of absence granted under this section may only be taken during (a) the 78-week period beginning (i) in the case of a child described in subparagraph (1)(a)(i), at the option of the employee, on the day the child is born or comes into the actual care of the employee, or (ii) in the case of a child described in subparagraph (1)(a)(ii), on the day the requirements referred to in that paragraph are met; or (b) the 80-week period beginning, in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee. (b) subsection 206.1(3) of the Canada Labour Code is replaced by the following: Aggregate leave — birth (3) The aggregate amount of leave that may be taken by more than one employee under this section in respect of a child described in paragraph (1)(a) shall not exceed 71 weeks, but the amount of leave that may be taken by one employee under this section in respect of the same birth shall not exceed 63 weeks. Aggregate leave — adoption (3.1) The aggregate amount of leave that may be taken by more than one employee under this section in respect of the same adoption shall not exceed 88 weeks, but the amount of leave that may be taken by one employee under this section in respect of the same adoption shall not exceed 80 weeks. Surrogacy (3.2) For the purposes of this section, a reference to a child who is in the care of an employee for the purpose of adoption includes a child surrendered to an employee by a surrogate mother under the laws governing surrogacy in the province in which the employee resides. Indigenous customs or traditions (3.3) For greater certainty, in this section, a reference to a child who is in the care of an employee for the purpose of adoption includes an Indigenous child placed, in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs, with an employee, other than the child’s parent, for the purpose of giving the employee primary responsibility for providing the child’s day-to-day care. (3) If section 14 of this Act comes into force before section 35 of the other Act produces its effects, then, on the day on which that section 14 comes into force, that section 35 is replaced by the following: 2000, c. 12 35 On the day on which subsection 107(1) of the Modernization of Benefits and Obligations Act comes into force (a) subsections 206.1(1) to (2.01) of the Canada Labour Code are replaced by the following: Entitlement to leave 206.1 (1) Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to (a) 63 weeks to care for (i) a new-born child of the employee, or (ii) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act ; or (b) 80 weeks to care for a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides. Period when leave may be taken (2) The leave of absence granted under this section may only be taken during (a) the 78-week period beginning (i) in the case of a child described in subparagraph (1)(a)(i), at the option of the employee, on the day the child is born or comes into the actual care of the employee, or (ii) in the case of a child described in subparagraph (1)(a)(ii), on the day the requirements referred to in that paragraph are met; or (b) the 80-week period beginning, in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee. (b) subsection 206.1(3) of the Canada Labour Code is replaced by the following: Aggregate leave — birth (3) The aggregate amount of leave that may be taken by more than one employee under this section in respect of a child described in paragraph (1)(a) shall not exceed 71 weeks, but the amount of leave that may be taken by one employee under this section in respect of the same birth shall not exceed 63 weeks. (4) If section 35 of the other Act produces its effects on the day on which section 14 of this Act comes into force, then that section 35 is deemed to have produced its effects before that section 14 comes into force and subsection (2) applies as a consequence.