Employment Insurance Act

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 the parent of a critically ill child, in order to care for or support that child if a specialist medical doctor has issued a certificate that

  • (a) states that the child is a critically ill child and requires the care or support of one or more of their parents; and

  • (b) sets out the period during which the child requires that care or support.

• Marginal note:Medical practitioner

  (2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.

• Marginal note:Weeks for which benefits may be paid — child

  (3) Subject to subsection (4) and section 12, benefits under this section are payable for each week of unemployment in the period

  • (a) that begins on the first day of the week in which either of the following falls:

    • (i) the day on which the first certificate is issued in respect of the child that meets the requirements of subsection (1) and is filed with the Commission, or

    • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the specialist medical doctor certifies that the child is critically ill; and

  • (b) that ends on the last day of the week in which any of the following occurs:

    • (i) all benefits payable under this section in respect of the child are exhausted,

    • (ii) the child dies, or

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

• Marginal note:Weeks for which benefits may be paid — children

  (4) Subject to section 12, if more than one child of the claimant is critically ill as a result of the same event, benefits under this section are payable for each week of unemployment in the period

  • (a) that begins on the first day of the week in which either of the following falls:

    • (i) the day on which the first certificate is issued in respect of any of the children that meets the requirements of subsection (1) and is filed with the Commission, or

    • (ii) in the case of a claim that is made before the day on which the certificate is issued, the first day from which the specialist medical doctor certifies that any of the children is critically ill; and

  • (b) that ends on the last day of the week in which any of the following occurs:

    • (i) all benefits payable under this section in respect of the children are exhausted,

    • (ii) the last of the children dies, or

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

• Marginal note:Exception

  (5) Subparagraph (3)(a)(ii) or (4)(a)(ii) does not apply to a claim if

  • (a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

  • (b) the beginning of the period referred to in subsection (3) or (4), as the case may be, has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

  • (c) the claim is made in any other circumstances set out in the regulations.

• Marginal note:Deferral of waiting period — child

  (6) Subject to subsection (7), 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 if

  • (a) another claimant has made a claim for benefits under this section or section 152.061 in respect of the same child during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;

  • (b) another claimant is making a claim for benefits under this section or section 152.061 in respect of the same child at the same time as the claimant and that other claimant elects to serve their waiting period; or

  • (c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.061 in respect of the same child, meets the prescribed requirements.

• Marginal note:Deferral of waiting period — children

  (7) A claimant who makes a claim for benefits under this section — and more than one of whose children is critically ill as a result of the same event — may have their waiting period deferred until they make another claim for benefits in the same benefit period if

  • (a) another claimant has made a claim for benefits under this section or section 152.061 in respect of the same children during the period described in subsection (4) and that other claimant has served or is serving their waiting period in respect of that claim;

  • (b) another claimant is making a claim for benefits under this section or section 152.061 in respect of the same children at the same time as the claimant and that other claimant elects to serve their waiting period; or

  • (c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.061 in respect of the same children, meets the prescribed requirements.

• 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 152.061 in respect of the same child or the same children who are critically ill as a result of the same event, any remaining weeks of benefits payable under this section, under section 152.061 or under both those sections, up to a maximum of 35 weeks, may be divided in the manner agreed to by those claimants. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

• Marginal note:Maximum divisible number of weeks

  (9) For greater certainty, if, in respect of the same child or the same children who are critically ill as a result of the same event, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.061, the total number of weeks of benefits payable under this section and section 152.061 that may be divided between them must not exceed 35 weeks.

• Marginal note:Limitation — compassionate care benefits

  (10) Benefits under section 23.1 or 152.06 are not payable in respect of a child during the period referred to in subsection (3) or (4) or 152.061(3) or (4) that is established in respect of that child.

• Marginal note:Limitation

  (11) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed.