Fall Economic Statement Implementation Act, 2023 (S.C. 2024, c. 15)

• 351 (1) Subsection 152.05(5.1) of the Act is replaced by the following:

  • Marginal note:Extension of period — reason mentioned in paragraph 152.14(1)(b)

    (5.1) If, during a self-employed person’s benefit period, benefits were not paid for any reason mentioned in paragraph 152.14(1)(a), (a.1), (c), (d), (e) or (f) and benefits were paid to the person for the reason mentioned in paragraph 152.14(1)(b) in the case where the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(ii), the period referred to in subsection (2) is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.

• (2) The portion of subsection 152.05(14) of the Act before paragraph (d) is replaced by the following:

  • Marginal note:Deferral of waiting period

    (14) A self-employed person 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 this section or section 152.04 or 152.041, if

    • (a) the self-employed person has already made a claim for benefits under this section or section 152.04 or 152.041 in respect of the same child or children and has served the waiting period;

    • (b) another self-employed person has made a claim for benefits under this section or section 152.04 or 152.041 in respect of the same child or children and that other self-employed person has served or is serving their waiting period;

    • (c) another self-employed person is making a claim for benefits under this section or section 152.04 or 152.041 in respect of the same child or children at the same time as the self-employed person and that other self-employed person elects to serve the waiting period; or

• (3) The portion of subsection 152.05(15) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exception

    (15) If a self-employed person makes a claim under this section or section 152.04 or 152.041 and another person makes a claim under section 22, 22.1 or 23 in respect of the same child or children and one of them has served or elected to serve their waiting period, then

• (4) Paragraph 152.05(15)(b) of the Act is replaced by the following:

  • (b) if the person making the claim under section 22, 22.1 or 23 is not the one who served or elected to serve the waiting period, the person may have their waiting period deferred in accordance with section 22.1 or 23, as the case may be.

352 Subsection 152.09(2) of the Act is amended by adding the following after paragraph (a):

• 353 (1) Section 152.11 of the Act is amended by adding the following after subsection (12):

  • Marginal note:Extension of benefit period — placement or arrival delayed

    (12.1) If the placement or arrival of the child or children referred to in subsection 152.041(1) is delayed, the benefit period is extended by the number of weeks during which the placement or arrival is delayed.

• (2) Subsection 152.11(14.1) of the Act is replaced by the following:

  • Marginal note:Extension of benefit period — reason mentioned in paragraph 152.14(1)(b)

    (14.1) If, during a self-employed person’s benefit period, benefits were not paid for any reason mentioned in paragraph 152.14(1)(a), (a.1), (c), (d), (e) or (f), and benefits were paid to the person for the reason mentioned in paragraph 152.14(1)(b) in the case where the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(ii), the benefit period is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.

• 354 (1) Subsection 152.14(1) of the Act is amended by adding the following after paragraph (a):

  • (a.1) because the self-employed person is carrying out the responsibilities described in subsection 152.041(1) is 15;

• (2) Subsection 152.14(2) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (a) with the following:

  • (a.1) for carrying out the responsibilities described in subsection 152.041(1) in relation to the placement of one or more children for the purpose of adoption as a result of a single placement or the arrival of one or more new-born children as a result of a single pregnancy is 15; and

Transitional Provision

Marginal note:Benefit for responsibilities related to child’s placement or arrival

355 The Employment Insurance Act, as it read immediately before the day on which sections 345 and 350 come into force, continues to apply to a claimant for the purpose of paying benefits under that Act in respect of a child or children who have, before that day,

• (a) been placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or

• (b) arrived into the care of the claimant.

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

Amendments to the Act

356 Subsection 187.1(2) of the Canada Labour Code is replaced by the following:

357 The Act is amended by adding the following after section 206:

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

• 359 (1) The portion of subsection 207(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Notification to employer

  • 207 (1) Every employee who intends to take a leave of absence from employment under any of sections 206 to 206.1 shall

• (2) Subsection 207(2) of the English version of the Act is replaced by the following:

  • Marginal note:Change in length of leave

    (2) Every employee who intends to take or who is on a leave of absence from employment under any of sections 206 to 206.1 shall provide the employer with notice in writing of at least four weeks of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given, in which case the employee shall provide the employer with notice in writing as soon as possible.

360 Section 207.01 of the Act is replaced by the following:

361 Subsection 207.02(1) of the Act is replaced by the following:

• 362 (1) Subsection 207.2(1) of the Act is replaced by the following:

  Marginal note:Notification to employer — interruption for child’s hospitalization

  • 207.2 (1) An employee who intends to interrupt their maternity or parental leave or their leave for the placement of a child in order to return to work as a result of the hospitalization of their child shall provide the employer with a notice in writing of the interruption as soon as possible.

• (2) Subsection 207.2(3) of the Act is replaced by the following:

  • Marginal note:Refusal

    (3) If the employer refuses the interruption or does not advise the employee within the week referred to in subsection (2), the leave under any of sections 206 to 206.1 is extended by the number of weeks during which the child is hospitalized. The aggregate amounts of leave referred to in subsections 206.01(7) and 206.1(3) and sections 206.2 and 206.21 are extended by the same number of weeks.

• (3) Subsection 207.2(5) of the Act is replaced by the following:

  • Marginal note:End of interruption

    (5) An employee who intends to return to their leave after the interruption shall, as soon as possible, advise the employer in writing of the date on which the leave is to resume.

• 363 (1) Paragraph 209.4(a.2) of the Act is replaced by the following:

  • (a.2) prescribing the maximum number of periods of leave of absence that an employee may take under any of sections 206.01 and 206.3 to 206.5;

• (2) Section 209.4 of the Act is amended by adding the following after paragraph (c):

  • (c.1) prescribing cases for the purposes of paragraph (c) of the definition placement in subsection 206.01(1);

  • (c.2) defining, for the purposes of section 206.01, any word or expression that is used but not defined in that section;

Transitional Provisions

Marginal note:Definition of Act

• 364 (1) In this section, Act means the Canada Labour Code.

• Marginal note:Interruption of parental leave

  (2) An employee who, on the day on which section 357 comes into force, is on parental leave under section 206.1 of the Act and is eligible for leave for the placement of a child under section 206.01 of the Act may interrupt their parental leave to take leave for the placement of a child. Their parental leave resumes immediately after the interruption ends.

• Marginal note:Notice of interruption

  (3) Section 207.1 of the Act applies, with any necessary modifications, with respect to an interruption under subsection (2).

• Marginal note:Words and expressions

  (4) Words and expressions used in this section have the same meaning as in the Act.

Coming into Force

Marginal note:Order in council

365 This Division comes into force on a day to be fixed by order of the Governor in Council.