Budget Implementation Act, 2021, No. 1 (S.C. 2021, c. 23)
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Assented to 2021-06-29
PART 4Various Measures (continued)
DIVISION 35Benefits and Leave Related to Employment (continued)
1996, c. 23Employment Insurance Act (continued)
318 (1) The portion of section 51 of the Act before paragraph (a) is replaced by the following:
Marginal note:Information
51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment, as defined in paragraph 29(a), resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall
(2) The portion of section 51 of the Act before paragraph (a) is replaced by the following:
Marginal note:Information
51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall
319 Section 58 of the Act is replaced by the following:
Marginal note:Definition of insured participant
58 In this Part, insured participant means
(a) an insured person who requests assistance under employment benefits and, when requesting the assistance, is an unemployed person for whom a benefit period is established or whose benefit period has ended within the previous 60 months or an unemployed person who paid, in at least 5 of the last 10 years, employee’s premiums that did not entitle the person to a refund under subsection 96(4); and
(b) a claimant who requests assistance under employment benefits and, when requesting assistance, is an unemployed person who was in receipt of the employment insurance emergency response benefit within the previous 60 months.
320 Subsection 152.05(1) of the French version of the Act is replaced by the following:
Marginal note:Prestations parentales
152.05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin de son ou de ses nouveau-nés ou d’un ou plusieurs enfants placés chez lui en vue de leur adoption en conformité avec les lois régissant l’adoption dans la province où il réside.
321 (1) Clause 152.07(1)(d)(i)(A) of the French version of the Act is replaced by the following:
(A) si sa période de prestations commence durant la période commençant le 3 janvier 2021 et se terminant le 25 septembre 2021, malgré tout montant fixé par règlement ou établi selon le mode de calcul prévu par règlement pour cette période de référence, 5 000 $,
(2) Subparagraph 152.07(1)(d)(i) of the Act is amended by striking out “or” at the end of clause (A) and by replacing clause (B) with the following:
(B) in the case where the person’s benefit period begins during the period beginning on September 26, 2021 and ending on September 24, 2022, and despite any amount fixed or determined in accordance with the regulations for that qualifying period, $5,289, or
(C) in any other case, $6,000 or the amount fixed or determined in accordance with the regulations, if any, for that qualifying period, or
322 (1) Paragraph 152.11(11)(b) of the Act is repealed.
(2) Subsection 152.11(11) of the Act is amended by adding the following after paragraph (a):
(b) in receipt of earnings paid because of the complete severance of their relationship with their former employer;
323 Paragraph 152.14(1)(c) of the Act is replaced by the following:
(c) because of a prescribed illness, injury or quarantine is 26;
324 Section 153.1304 of the Act is repealed.
325 The portion of section 153.14 of the Act before paragraph (a) is replaced by the following:
Marginal note:June 2, 2027 or repeal
153.14 A provision of this Part that is added by any of the following Interim Orders or a provision that, under any of those Interim Orders, is an adaptation of a provision of this Act or provides for the non-application of a provision of this Act ceases to apply on the earlier of June 2, 2027 and the day on which the Interim Order that enacted the provision is repealed:
326 Section 153.16 of the Act is replaced by the following:
Marginal note:Rate of 13.1%
153.16 Despite section 17 of the Employment Insurance Regulations, if the later of the weeks referred to in subsection 10(1) begins during the period beginning on September 27, 2020 and ending on September 25, 2021, the regional rate of unemployment that applies to the claimant is 13.1%, if that rate is greater than the rate that would otherwise apply to them.
327 (1) Subsection 153.196(1) of the Act is replaced by the following:
Marginal note:September 25, 2021 or repeal
153.196 (1) Subject to subsections (2) and (3), this Part ceases to apply on the earlier of September 25, 2021 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.
(2) Section 153.196 of the Act is amended by adding the following after subsection (2):
Marginal note:Exception
(3) Sections 153.1922 to 153.1924 cease to apply on December 18, 2021.
328 The Act is amended by adding the following after Part VIII.5:
PART VIII.6Temporary Measures
Marginal note:Weekly insurable earnings
153.197 (1) Despite subsection 14(2), the weekly insurable earnings of a claimant whose benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 are deemed to be the greater of
(a) the claimant’s insurable earnings in the calculation period referred to in subsection 14(4), divided by the number of weeks in that period in which they had insurable earnings, and
(b) $545.
Marginal note:Self-employed persons
(2) Despite subsection 152.16(1), if a self-employed person’s benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 and the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52 is less than $545, the result is deemed to be $545.
Marginal note:Fishers
(3) Despite paragraph 8.1(a) of the Employment Insurance (Fishing) Regulations, the weekly insurable earnings of a fisher whose benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 are deemed to be the greater of the amount determined under that paragraph and $545.
329 (1) Schedule I to the Act is replaced by the Schedule I set out in Schedule 1 to this Act.
(2) Schedule I to the Act is replaced by the Schedule I set out in Schedule 2 to this Act.
330 The Act is amended by adding, after Schedule IV, the Schedules V and VI set out in Schedule 3 to this Act.
Transitional Provisions
Marginal note:Words and expressions
331 Words and expressions used in sections 332 to 336 have the same meaning as in the Employment Insurance Act.
Marginal note:Continued application — before September 26, 2021
332 The following provisions of the Employment Insurance Act, as they read immediately before September 26, 2021, continue to apply in respect of an insured person or a claimant, as the case may be, whose benefit period begins before that day:
(a) the definitions major attachment claimant and minor attachment claimant in subsection 6(1);
(b) subsection 7(2);
(c) subsection 7.1(1);
(d) subsection 12(8);
(e) subsection 21(1);
(f) subsections 22(1), (2) and (5);
(g) subsections 23(1), (1.3), (4), (4.1), (5) and (6);
(h) subsection 23.1(2);
(i) subsection 23.2(1);
(j) subsection 23.3(1);
(k) subsection 28(7);
(l) paragraph 29(a);
(m) subsections 30(1) and (4) to (7);
(n) section 51; and
(o) Schedule I.
Marginal note:Continued application — Part VIII.5
333 Part VIII.5 of the Employment Insurance Act, as it read immediately before September 26, 2021, continues to apply in respect of an insured person or claimant, as the case may be, whose benefit period begins during the period beginning on September 27, 2020 and ending on September 25, 2021.
Marginal note:Suspension of operation
334 (1) The operation of Part VIII.1 of the Employment Insurance Act and any regulations made under that Part is suspended during the period beginning on September 26, 2021 and ending on September 24, 2022.
Marginal note:Continued application of suspension
(2) The operation of Part VIII.1 of the Employment Insurance Act and any regulations made under that Part continues to be suspended in respect of an insured person or a claimant, as the case may be, whose benefit period begins during the period referred to in subsection (1).
Marginal note:Continued application — before September 25, 2022
335 The following provisions of the Employment Insurance Act, as they read immediately before September 25, 2022, continue to apply in respect of an insured person or a claimant, as the case may be, whose benefit period begins during the period beginning on September 26, 2021 and ending on September 24, 2022:
(a) subsection 6(1);
(b) subsection 7(2);
(c) subsection 7.1(1);
(d) subsection 12(8);
(e) section 21;
(f) subsections 22(1), (2) and (5);
(g) subsections 23(1), (1.3), (4), (4.1), (5) and (6);
(h) subsection 23.1(2);
(i) subsection 23.2(1);
(j) subsection 23.3(1);
(k) section 28;
(l) paragraph 29(a);
(m) section 30;
(n) section 51; and
(o) Schedule I.
Marginal note:Illness, injury or quarantine
336 Paragraphs 12(3)(c) and 152.14(1)(c) of the Employment Insurance Act, as amended by subsection 307(2) and section 323, respectively, apply in respect of a claimant for any benefit period that begins on or after the day on which subsection 307(2) and section 323 come into force.
Coordinating Amendments
Marginal note:2000, c. 12
337 (1) In this section, other Act means the Modernization of Benefits and Obligations Act.
(2) If subsection 107(1) of the other Act comes into force before subsection 310(2) of this Act, then
(a) on the first day on which both that subsection 107(1) and subsection 310(1) of this Act are in force subsection 23(1) of the Employment Insurance Act is replaced by the following:
Marginal note:Parental benefits
23 (1) Despite section 18, but subject to this section, benefits are payable to a claimant to care for
(a) one or more new-born children of the claimant;
(b) 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; or
(c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.1).
(b) on the day on which that subsection 310(2) comes into force, the portion of subsection 23(1) of the Employment Insurance Act before paragraph (a) is replaced by the following:
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
(3) If subsection 107(1) of the other Act comes into force on the same day as subsection 310(2) of this Act, then that subsection 310(2) is deemed to have come into force before that subsection 107(1).
Marginal note:2009, c. 33
338 (1) In this section, other Act means the Fairness for the Self-Employed Act.
(2) If section 320 of this Act comes into force before paragraph 36(b) of the other Act produces its effects, then the French version of that paragraph 36(b) is amended by replacing the portion of subsection 152.05(1) of the Employment Insurance Act before paragraph (a) that it enacts by the following:
Marginal note:Prestations parentales
152.05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin :
(3) If paragraph 36(b) of the other Act produces its effects before section 320 of this Act comes into force, then that section 320 is replaced by the following:
320 The portion of subsection 152.05(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Prestations parentales
152.05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin :
(4) If paragraph 36(b) of the other Act produces its effects on the same day as the coming into force of section 320 of this Act, then that paragraph 36(b) is deemed to have produced its effect before that section 320 comes into force and subsection (3) applies as a consequence.
Coming into Force
Marginal note:September 26, 2021
339 (1) Subsections 302(1), 303(1) and (3) and 304(1), section 305, subsections 306(1), 307(1) and (3), 308(1), 309(1), (3) and (5), 310(1), (3), (5), (7), (9), (11) and (13), 311(1), 312(1), 313(1), 314(1), 315(1), 316(1) and (3), 317(1) and 318(1), sections 319 to 321, subsection 322(1), sections 324, 325 and 327, subsection 329(1) and section 330 come into force, or are deemed to have come into force, on September 26, 2021.
Marginal note:September 25, 2022
(2) Subsections 302(2), 303(2) and (4), 304(2), 306(2), 307(4), 308(2), 309(2), (4) and (6), 310(2), (4), (6), (8), (10), (12) and (14), 311(2), 312(2), 313(2), 314(2), 315(2), 316(2) and (4), 317(2), 318(2), 322(2) and 329(2) come into force, or are deemed to have come into force, on September 25, 2022.
Marginal note:Order in council
(3) Subsection 307(2) and sections 323 and 336 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:September 12, 2021
(4) Section 326 comes into force, or is deemed to have come into force, on September 12, 2021.
Marginal note:Order in council
(5) Section 328 comes into force on a day to be fixed by order of the Governor in Council.
- Date modified: