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

Marginal note:Parental benefits

• 23 (1) Despite section 18, but subject to this section, benefits are payable to a claimant to care for one or more new-born children of the claimant or 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.

Marginal note:Parental benefits

• 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or 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.

• Marginal note:First to elect

  (1.3) If two claimants each make a claim for benefits under this section — or one claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the election made under subsection (1.1) or 152.05(1.1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.05 is binding on both claimants or on the claimant and the individual.

• Marginal note:First to elect

  (1.3) If two major attachment claimants each make a claim for benefits under this section — or one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the election made under subsection (1.1) or 152.05(1.1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.05 is binding on both claimants or on the claimant and the individual.

• Marginal note:Division of weeks of benefits

  (4) If two claimants each make a claim for benefits under this section — or if one claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.05 or under both those sections, may be divided between them up to a maximum of 40, if the maximum number of weeks that has been elected under subsection (1.1) or 152.05(1.1) is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or up to a maximum of 69, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

• Marginal note:Division of weeks of benefits

  (4) 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 152.05 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.05 or under both those sections may be divided between them up to a maximum of 40, if the maximum number of weeks that has been elected under subsection (1.1) or 152.05(1.1) is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or up to a maximum of 69, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii). 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

  (4.1) For greater certainty, if, in respect of the same child or children, a claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed

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

  (4.1) For greater certainty, if, in respect of the same child or children, a major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed

• Marginal note:Deferral of waiting period

  (5) A 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 this section, if

• Marginal note: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 this section, if

• (b) another claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving their waiting period;

• (c) another claimant is making a claim for benefits under section 22 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 claimant meets the prescribed requirements.

• (b) another major attachment claimant has made a claim for benefits under section 22 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 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.

• Marginal note:Exception

  (6) If a claimant makes a claim under section 22 or this section and an individual makes a claim under section 152.04 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 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

• Marginal note:Exception

  (6) If a major attachment claimant makes a claim under section 22 or this section and an individual makes a claim under section 152.04 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

• Marginal note:Compassionate care benefits

  (2) Despite section 18, but subject to this section, benefits are payable to a claimant if a medical doctor or nurse practitioner has issued a certificate stating that

• Marginal note:Compassionate care benefits

  (2) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor or nurse practitioner has issued a certificate stating that

Marginal note:Benefits — critically ill child

• 23.2 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that

Marginal note:Benefits — critically ill child

• 23.2 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that

Marginal note:Benefits — critically ill adult

• 23.3 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that

Marginal note:Benefits — critically ill adult

• 23.3 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that

• Marginal note:Exception

  (7) Subsection (6) does not apply to prevent a claimant from requesting that a benefit period established for the claimant as a minor attachment claimant be cancelled under subsection 10(6) and that a benefit period be established for the claimant as a major attachment claimant to enable the claimant to receive special benefits.

• (a) employment refers to the claimant’s last employment before their initial claim for benefits or any employment of the claimant within their benefit period;

• (a) employment refers to any employment of the claimant within their qualifying period or their benefit period;

Marginal note:Disqualification — misconduct or leaving without just cause

• 30 (1) A claimant is disqualified from receiving any benefits if the claimant lost their employment because of their misconduct or voluntarily left their employment without just cause, unless

  • (a) the claimant has, since losing or leaving the employment, been employed in insurable employment and made a new initial claim for benefits; or

Marginal note:Disqualification — misconduct or leaving without just cause

• 30 (1) A claimant is disqualified from receiving any benefits if the claimant lost any employment because of their misconduct or voluntarily left any employment without just cause, unless

  • (a) the claimant has, since losing or leaving the employment, been employed in insurable employment for the number of hours required by section 7 or 7.1 to qualify to receive benefits; or

• Marginal note:Suspension

  (4) The disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.

• Marginal note:Suspension

  (4) Despite subsection (6), the disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.

• Marginal note:Restriction on qualifying for benefits

  (5) If a claimant who has lost or left an employment as described in subsection (1) makes an initial claim for benefits, the following hours may not be used to qualify under section 7 or 7.1 to receive benefits:

  • (a) hours of insurable employment from that or any other employment before the employment was lost or left; and

  • (b) hours of insurable employment in any employment that the claimant subsequently loses or leaves, as described in subsection (1).

• Marginal note:Restriction on number of weeks and rate of benefits

  (6) No hours of insurable employment in any employment that a claimant loses or leaves, as described in subsection (1), may be used for the purpose of determining the maximum number of weeks of benefits under subsection 12(2) or the claimant’s rate of weekly benefits under section 14.

• Marginal note:Interpretation

  (7) For greater certainty, but subject to paragraph (1)(a), a claimant may be disqualified under subsection (1) even if the claimant’s last employment before their claim for benefits was not lost or left as described in that subsection and regardless of whether their claim is an initial claim for benefits.

Marginal note:Limitation

46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable.

Marginal note:Limitation

46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment.