Budget Implementation Act, 2003 (S.C. 2003, c. 15)

• 20. (1) Section 54 of the Act is amended by adding the following after paragraph (c.1):

  • (c.2) setting out circumstances for the purposes of paragraphs 10(5.1)(c) and 23.1(6)(c);

• (2) Section 54 of the Act is amended by adding the following before paragraph (g):

  • (f.2) prescribing classes of persons for the purposes of paragraph 23.1(1)(d);

  • (f.3) defining and determining what is care or support for the purposes of paragraph 23.1(2)(b);

  • (f.4) prescribing classes of medical practitioners for the purposes of subsection 23.1(3) and setting out the circumstances in which a certificate may be issued by them under subsection 23.1(2);

  • (f.5) prescribing a shorter period for the purposes of subsection 23.1(5) and prescribing a minimum number of weeks in relation to that shorter period for the purposes of subsection 12(4.3);

  • (f.6) prescribing requirements for the purposes of paragraph 23.1(7)(c);

  • (f.7) prescribing rules for the purposes of subsection 23.1(9);

Marginal note:2001, c. 5, s. 10

21. Section 67 of the Act is replaced by the following:

• 22. (1) Paragraph 69(1)(a) of the Act is replaced by the following:

  • (a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a plan that covers insured persons employed by the employer, other than one established under provincial law, would have the effect of reducing the special benefits payable to the insured persons; and

• (2) Subsection 69(2) of the Act is replaced by the following:

  • Marginal note:Provincial plans

    (2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s and employee’s premiums when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a provincial law to insured persons would have the effect of reducing or eliminating the special benefits payable to those insured persons.

• (3) Section 69 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Definition

    (6) The reference to the payment of allowances, money or other benefits because of compassionate care in subsections (1) and (2) means the payment of allowances, money or other benefits for the same or substantially the same reasons for which benefits are payable under section 23.1.

SOR/96-445Employment Insurance (Fishing) Regulations

Marginal note:SOR/2001-74

• 23. (1) Subsection 8(11.1) of the Employment Insurance (Fishing) Regulations is replaced by the following:

  • (11.1) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), the benefit period of a fisher shall be extended by one week for each week in respect of which the fisher is entitled to special benefits under section 21, 22, 23 or 23.1 of the Act, but shall not exceed a maximum of 52 weeks.

• Marginal note:2002, c. 9, s. 16(1)

  (2) Subsections 8(11.3) to (11.5) of the Regulations are replaced by the following:

  • (11.3) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,

    • (a) benefits were not paid to the fisher under subsection (12),

    • (b) benefits were paid because of the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act, and

    • (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act,

    the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c) of the Act.

  • (11.31) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,

    • (a) benefits were not paid to the fisher under subsection (12),

    • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d) of the Act, and

    • (c) benefits were not paid for the maximum number of weeks established for those reasons,

    the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d) of the Act.

  • (11.32) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,

    • (a) benefits were not paid to the fisher under subsection (12),

    • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act, and

    • (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act,

    the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d) of the Act.

  • (11.33) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,

    • (a) benefits were not paid to the fisher under subsection (12),

    • (b) benefits were paid because of all of the reasons mentioned in subsection 12(3) of the Act, and

    • (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d) of the Act,

    the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each those paragraphs.

  • (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.

• Marginal note: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).

• Marginal note: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-2Canada Labour Code

Marginal note: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:

27. The Act is amended by adding the following after section 206.2: