Coming into Force

Marginal note:Order in council — Industrial Design Act

• 72. (1) Sections 44, 45 and 47 to 49 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which sections 102 to 113 of the Economic Action Plan 2014 Act, No. 2 come into force.

• Marginal note:Order in council — Patent Act

  (2) Sections 50 to 53, 55 to 62, 64 and 65 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which sections 114 to 141 of the Economic Action Plan 2014 Act, No. 2 come into force.

• Marginal note:Order in council — Trade-marks Act

  (3) Section 67 and subsection 69(2) come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which section 357 of the Economic Action Plan 2014 Act, No. 1 comes into force.

• Marginal note:Order in council — sections 46, 63 and 68

  (4) Sections 46, 63 and 68 come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Twelve months after royal assent

  (5) Sections 54 and 66 come into force 12 months after the day on which this Act receives royal assent.

• Marginal note:Subsection 69(1)

  (6) Subsection 69(1) comes into force on the first day on which both section 359 of the Economic Action Plan 2014 Act, No. 1 and section 68 are in force.

Division 4Compassionate Care Leave and Benefits

R.S., c. L-2Canada Labour Code

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

  • Marginal note:Entitlement to leave

    (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 28 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 26 weeks from

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

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

• (3) Section 206.3 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Certificate not necessary

    (3.1) For greater certainty, but subject to subsection (3), for leave under this section to be taken after the end of the period of 26 weeks set out in subsection (2), it is not necessary for a qualified medical practitioner to issue an additional certificate under that subsection.

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

  • Marginal note:Aggregate leave — more than one employee

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

1996, c. 23Employment Insurance Act

• 74. (1) Paragraph 12(3)(d) of the Employment Insurance 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; and

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

  • Marginal note:Maximum — compassionate care benefits

    (4.1) Even if more than one claim is made under this Act, at least one of which is made under section 23.1 — 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 23.1 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.1(4)(a).

• 75. (1) Subparagraph 23.1(4)(b)(iii) of the Act is replaced by the following:

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

• (2) Section 23.1 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Certificate not necessary

    (4.1) For greater certainty, but subject to subsections (4) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (2)(a), it is not necessary for a medical doctor to issue an additional certificate under subsection (2).

• (3) Subsections 23.1(8) and (8.1) of the Act are replaced by the following:

  • Marginal note:Division of weeks of benefits

    (8) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.06 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 152.06 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by those claimants.

  • Marginal note:Maximum number of weeks that can be divided

    (8.1) For greater certainty, if, in respect of the same family member, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.06, the total number of weeks of benefits payable under this section and section 152.06 that may be divided between them may not exceed 26 weeks.

76. Section 50 of the Act is amended by adding the following after subsection (8):

• 77. (1) Subparagraph 152.06(3)(b)(iii) of the Act is replaced by the following:

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

• (2) Section 152.06 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Certificate not necessary

    (3.1) For greater certainty, but subject to subsections (3) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (1)(a), it is not necessary for a medical doctor to issue an additional certificate under subsection (1).

• (3) Subsections 152.06(7) and (8) of the Act are replaced by the following:

  • Marginal note:Division of weeks of benefits

    (7) 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 23.1 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 23.1 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.

  • Marginal note:Maximum number of weeks that can be divided

    (8) For greater certainty, if, in respect of the same family member, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.1, the total number of weeks of benefits payable under this section and section 23.1 that may be divided between them may not exceed 26 weeks.

• 78. (1) Paragraph 152.14(1)(d) of the Act is replaced by the following:

  • (d) because the person is providing care or support to one or more family members described in subsection 152.06(1) is 26; and

• (2) Subsection 152.14(5) of the Act is replaced by the following:

  • Marginal note:Maximum — compassionate care benefits

    (5) Even if more than one claim is made under this Act, at least one of which is made under section 152.06 — 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 152.06 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.06(3)(a).

Transitional Provisions

Marginal note:Compassionate care benefits

• 79. (1) If a period referred to in subsection 23.1(4) of the Employment Insurance Act, as it read immediately before January 3, 2016, has begun in respect of a claimant — as defined in subsection 2(1) of that Act — before that day but has not ended, then sections 12 and 23.1 of that Act, as they read on that day, apply to that claimant beginning on that day.

• Marginal note:Compassionate care benefits — self-employed persons

  (2) If a period referred to in subsection 152.06(3) of the Employment Insurance Act, as it read immediately before January 3, 2016, has begun in respect of a self-employed person — as defined in subsection 152.01(1) of that Act — before that day but has not ended, then sections 152.06 and 152.14 of that Act, as they read on that day, apply to that person beginning on that day.

Coming into Force

Marginal note:January 3, 2016

80. This Division comes into force on January 3, 2016.