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Budget Implementation Act, 2021, No. 1 (S.C. 2021, c. 23)

Assented to 2021-06-29

PART 4Various Measures (continued)

DIVISION 34Benefits and Leave

2020, c. 12, s. 2Canada Recovery Benefits Act

  • 288 (1) Paragraph 3(1)(e) of the Canada Recovery Benefits Act is replaced by the following:

    • (e) in the case of an application made under section 4 by a person other than a person referred to in paragraph (e.1) in respect of a two-week period beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v);

    • (e.1) in the case of an application made under section 4 by a person referred to in paragraph (g) whose benefit period was established on or after September 27, 2020 in respect of a two-week period beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i), (ii), (iv) and (v) and from regular benefits and special benefits, as defined in subsection 2(1) of the Employment Insurance Act;

  • (2) Paragraph 3(1)(g) of the Act is replaced by the following:

    • (g) no benefit period, as defined in subsection 2(1) of the Employment Insurance Act, was established or could have been established in respect of the person in respect of any week that falls within the two-week period or, if such a benefit period was established on or after September 27, 2020 in respect of the person in respect of any week that falls within the two-week period,

      • (i) the person was paid regular benefits, as defined in that subsection, for the maximum number of weeks for which those benefits may be paid in that benefit period under Part I of that Act, or

      • (ii) the person was paid regular benefits and special benefits, as defined in that subsection, for the maximum number of weeks for which both those benefits may be paid in that benefit period under Part I of that Act;

  • (3) Paragraph 3(1)(h) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after that subparagraph:

  • (4) Subsection 3(1) of the Act is amended by striking out “and” at the end of paragraph (l), by adding “and” at the end of paragraph (m) and by adding the following after paragraph (m):

    • (n) they have filed a return of income under Part I of the Income Tax Act in respect of the 2019 or 2020 taxation year, other than a return of income filed under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4) of that Act.

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

    • Marginal note:Application of paragraph (1)(n)

      (3.1) Paragraph (1)(n) applies only in respect of

      • (a) a person who has already been paid a Canada recovery benefit for 42 weeks or more; and

      • (b) a person who has never applied under section 4 for any two-week period beginning before July 18, 2021.

289 Subsection 5(1) of the Act is replaced by the following:

Marginal note:Attestation

  • 5 (1) Subject to subsections (2) to (5), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 3(1)(a) to (n).

290 Subsections 8(1) and (2) of the Act are replaced by the following:

Marginal note:Amount of payment

  • 8 (1) Subject to subsection (2), the amount of a Canada recovery benefit for a week is

    • (a) in respect of a person who applies or has applied under section 4 for any two-week period beginning before July 18, 2021, $500 for a maximum of 42 weeks and $300 for every subsequent week; and

    • (b) in respect of a person who has never applied under section 4 for any two-week period beginning before July 18, 2021, $300 for a week beginning on or after that date.

  • Marginal note:Exception

    (1.1) Despite subsection (1), if a person referred to in paragraph (1)(b) subsequently applies under section 4 for any two-week period beginning before July 18, 2021, the person is deemed to be a person referred to in paragraph (1)(a) except for every two-week period for which the person was paid $300 for each week.

  • Marginal note:Repayment

    (2) If a person who has received a Canada recovery benefit or the benefit referred to in section 9.1 has income of more than $38,000 for 2020 or for 2021, the person must repay an amount equal to 50 cents for every dollar of income earned in that year above $38,000 of income, up to the total amount of those benefits received by them in the year, which total amount is calculated without taking into account any erroneous payment or overpayment, and that amount constitutes a debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the balance-due day, as defined in subsection 248(1) of the Income Tax Act, for the year.

291 Subsection 9(1) of the Act is replaced by the following:

Marginal note:Maximum number of two-week periods

  • 9 (1) The maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is 25 or, if another number of two-week periods is fixed by regulation, that number of two-week periods, minus one for every two weeks for which regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, were received by the person during the period beginning on September 27, 2020 and ending on September 25, 2021 in respect of benefit periods, as defined in subsection 2(1) of that Act, that were established on or after September 27, 2020.

292 The Act is amended by adding the following after section 9:

Marginal note:Employment insurance benefits during two-week period

9.1 Despite sections 3, 7 and 8, if a person who makes an application under section 4 is not eligible for a Canada recovery benefit for any two-week period by reason only that the person was paid regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, for the maximum number of weeks for which those benefits may be paid in the person’s benefit period under Part I of that Act, or the person was paid regular benefits and special benefits, as defined in subsection 2(1) of that Act, for the maximum number of weeks for which both those benefits may be paid in the person’s benefit period under Part I of that Act, and the last week for which they were paid those benefits under that Act is the first week of the two-week period, the Minister may pay a benefit of $300 to the person for the two-week period.

293 Subsections 23(1) and (2) of the Act are replaced by the following:

Marginal note:Maximum number of weeks for a person

  • 23 (1) Subject to subsection (2), the maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to a person is 42 or, if another maximum number of weeks is fixed by regulation, that maximum number.

  • Marginal note:Maximum number of weeks for household members

    (2) The maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to all of the persons residing in the same household is 42 or, if another maximum number of weeks is fixed by regulation for the purpose of subsection (1), that maximum number.

294 The Act is amended by adding the following after section 24:

Marginal note:Replacement of September 25, 2021

24.1 The Governor in Council may, by regulation, on the recommendation of the Minister and the Minister of Finance, amend any of the following provisions to replace the date of September 25, 2021 by a date not later than November 20, 2021 and, if any of the following provisions was amended by such a regulation, to amend the provision again by replacing the date set out in it as a result of the previous regulation by a date not later than November 20, 2021:

  • (a) subsection 3(1);

  • (b) subsection 4(1);

  • (c) subsection 9(1);

  • (d) subsection 10(1);

  • (e) subsection 11(1);

  • (f) subsection 17(1);

  • (g) subsection 18(1).

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

  • 295 (1) The portion of paragraph 239.01(1)(b) of the Canada Labour Code before subparagraph (i) is replaced by the following:

    • (b) subject to subsection (3), up to 42 weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because

  • (2) Subsection 239.01(3) of the Act is replaced by the following:

    • Marginal note:Aggregate leave — paragraph (1)(b)

      (3) Subject to subsection (5), the aggregate amount of leave that an employee may take under paragraph (1)(b) is not to exceed 42 weeks or, if another number of weeks is fixed by regulation for the purposes of that paragraph, that number of weeks.

  • (3) Subsection 239.01(5) of the Act is replaced by the following:

    • Marginal note:Clarification

      (4.1) For greater certainty,

      • (a) an employee who is on leave under paragraph (1)(b) at the time this subsection comes into force is entitled to extend their leave up to the maximum number of weeks provided for in that paragraph; and

      • (b) any period of leave taken by an employee under paragraph (1)(b), as it read immediately before June 19, 2021, counts towards the maximum number of weeks referred to in subsection (3).

    • Marginal note:Aggregate leave — more than one employee

      (5) The aggregate amount of leave that may be taken under paragraph (1)(b) by two or more employees who reside in the same household is not to exceed 42 weeks or, if another number of weeks is fixed by regulation for the purposes of that paragraph, that number of weeks.

2020, c. 12COVID-19 Response Measures Act

296 Subsections 9(6) and (7) of the COVID-19 Response Measures Act are replaced by the following:

  • Marginal note:November 20, 2021

    (6) Subsections 4.1(4), 4.3(6), 4.4(4), 4.5(2) and 4.6(2) come into force on November 20, 2021.

  • Marginal note:November 21, 2021

    (7) Subsections 4.1(2), 4.2(2), 4.3(2) and (4) and 4.4(2) come into force on November 21, 2021.

SOR/2021-35Canada Recovery Benefits Regulations

297 Section 2 of the Canada Recovery Benefits Regulations is repealed.

298 Section 4 of the Regulations is repealed.

C.R.C., c. 986; SOR/2019-168, s. 1Canada Labour Standards Regulations

299 Paragraph 33.1(b) of the Canada Labour Standards Regulations is repealed.

Coordinating Amendments

Marginal note:2020, c. 12

  • 300 (1) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force,

    • (a) subsection 9(6) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(6) with the date set out in that subsection 10(1), as amended by that regulation; and

    • (b) subsection 9(7) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(7) with the date that is the date of the day after the date set out in that subsection 10(1), as amended by that regulation.

  • (2) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force,

    • (a) subsection 9(6) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(6) with the date set out in that subsection 17(1), as amended by that regulation; and

    • (b) subsection 9(7) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(7) with the date that is the date of the day after the date set out in that subsection 17(1), as amended by that regulation.

  • (3) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsections 10(1) and 17(1) of that Act to replace the date set out in those subsections with a date that is the same in both subsections, subsection (2) does not apply.

  • (4) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsections 10(1) and 17(1) of that Act to replace the date set out in those subsections with November 20, 2021, subsections (1) to (3) do not apply if the date that is set out in subsection 9(6) of the COVID-19 Response Measures Act is November 20, 2021.

  • (5) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection and a regulation made under that section 24.1 amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection 17(1) and the dates in the amendments are not the same, then, on the first day on which both those regulations are in force,

    • (a) if the later of the dates, as amended by one of the regulations, is the date set out in the amendment to that subsection 17(1),

      • (i) subsection (1) is deemed never to have applied, and

      • (ii) paragraph 239.01(1)(a) of the Canada Labour Code ceases to apply on the date set out in that subsection 10(1), as amended; and

    • (b) if the later of the dates, as amended by one of the regulations, is the date set out in that subsection 10(1),

      • (i) subsection (2) is deemed never to have applied, and

      • (ii) paragraph 239.01(1)(b) of the Canada Labour Code ceases to apply on the date set out in that subsection 17(1), as amended.

  • (6) If none of the dates set out in subsections 10(1) and 17(1) of the Canada Recovery Benefits Act are amended by a regulation made under section 24.1 of that Act, as enacted by section 294 of this Act, before October 2, 2021,

    • (a) subsection 9(6) of the COVID-19 Response Measures Act is replaced by the following:

      • Marginal note:October 2, 2021

        (6) Subsections 4.1(4), 4.3(6), 4.4(4), 4.5(2) and 4.6(2) come into force on October 2, 2021.

    • (b) subsection 9(7) of the COVID-19 Response Measures Act is replaced by the following:

      • Marginal note:October 3, 2021

        (7) Subsections 4.1(2), 4.2(2), 4.3(2) and (4) and 4.4(2) come into force on October 3, 2021.

    • (c) subsections (1) to (4) are deemed never to have come into force and are repealed.

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