Budget Implementation Act, 2003 (S.C. 2003, c. 15)
Full Document:
- HTMLFull Document: Budget Implementation Act, 2003 (Accessibility Buttons available) |
- PDFFull Document: Budget Implementation Act, 2003 [668 KB]
Assented to 2003-06-19
PART 4EMPLOYMENT INSURANCE
1996, c. 23Employment Insurance Act
22. (1) Paragraph 69(1)(a) of the Act is replaced by the following:
(a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a plan that covers insured persons employed by the employer, other than one established under provincial law, would have the effect of reducing the special benefits payable to the insured persons; and
(2) Subsection 69(2) of the Act is replaced by the following:
Marginal note:Provincial plans
(2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s and employee’s premiums when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a provincial law to insured persons would have the effect of reducing or eliminating the special benefits payable to those insured persons.
(3) Section 69 of the Act is amended by adding the following after subsection (5):
Marginal note:Definition
(6) The reference to the payment of allowances, money or other benefits because of compassionate care in subsections (1) and (2) means the payment of allowances, money or other benefits for the same or substantially the same reasons for which benefits are payable under section 23.1.
SOR/96-445Employment Insurance (Fishing) Regulations
Marginal note:SOR/2001-74
23. (1) Subsection 8(11.1) of the Employment Insurance (Fishing) Regulations is replaced by the following:
(11.1) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), the benefit period of a fisher shall be extended by one week for each week in respect of which the fisher is entitled to special benefits under section 21, 22, 23 or 23.1 of the Act, but shall not exceed a maximum of 52 weeks.
Marginal note:2002, c. 9, s. 16(1)
(2) Subsections 8(11.3) to (11.5) of the Regulations are replaced by the following:
(11.3) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c) of the Act.
(11.31) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for those reasons,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d) of the Act.
(11.32) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d) of the Act.
(11.33) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period,
(a) benefits were not paid to the fisher under subsection (12),
(b) benefits were paid because of all of the reasons mentioned in subsection 12(3) of the Act, and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d) of the Act,
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each those paragraphs.
(11.4) Subject to subsection (11.5), no extension under any of subsections (11.1) to (11.33) may result in a benefit period of more than 104 weeks.
(11.5) Unless a benefit period is also extended under subsection (11.1) or (11.2), no extension under subsections (11.3) to (11.33) may result in a benefit period of more than
(a) in the case of an extension under subsection (11.3), 67 weeks;
(b) in the case of an extension under subsection (11.31) or (11.32), 58 weeks; and
(c) in the case of an extension under subsection (11.33), 73 weeks.
Marginal note:2002, c. 9, s. 16(2)
(3) Subsection 8(14) of the Regulations is replaced by the following:
(14) No benefit period established under subsection (1) or (6) shall be extended beyond the date determined in accordance with any of subsections (11) to (11.33).
Marginal note:2002, c. 9, s. 16(3)
(4) Subsection 8(17.1) of the Regulations is replaced by the following:
(17.1) For the purpose of subsection (17), the reference in subsection 12(5) of the Act to
(a) subsection 10(13) of the Act is to be read as a reference to subsection (11.3) of this section;
(b) subsection 10(13.1) of the Act is to be read as a reference to subsection (11.31) of this section;
(c) subsection 10(13.2) of the Act is to be read as a reference to subsection (11.32) of this section; and
(d) subsection 10(13.3) of the Act is to be read as a reference to subsection (11.33) of this section.
24. (1) Subsection 12(3) of the Regulations is replaced by the following:
(3) Subject to subsection (4), sections 22 to 23.1 of the Act apply to the payment of special benefits under this section.
(2) Paragraph 12(4)(b) of the Regulations is replaced by the following:
(b) entitled to benefits under section 22, 23 or 23.1 of the Act.
Transitional Provisions
25. (1) Sections 15 to 20 and 22 apply to a claimant for any benefit period
(a) that begins on or after January 4, 2004; or
(b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date.
(2) Sections 23 and 24 apply to a fisher for any benefit period
(a) that begins on or after January 4, 2004; or
(b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date.
Related Amendments
R.S., c. L-2Canada Labour Code
Marginal note:1993, c. 42, s. 26
26. The heading “Reassignment, Maternity Leave and Parental Leave” immediately after the heading “Division VII” in Part III of the Canada Labour Code is replaced by the following:
Reassignment, Maternity Leave, Parental Leave and Compassionate Care Leave
27. The Act is amended by adding the following after section 206.2:
Compassionate Care Leave
Marginal note:Definitions
206.3 (1) The following definitions apply in this section.
“common-law partner”
« conjoint de fait »
“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.
“family member”
« membre de la famille »
“family member”, in relation to an employee, means
(a) a spouse or common-law partner of the employee;
(b) a child of the employee or a child of the employee’s spouse or common-law partner;
(c) a parent of the employee or a spouse or common-law partner of the parent; and
(d) any other person who is a member of a class of persons prescribed for the purposes of this definition or the definition “family member” in subsection 23.1(1) of the Employment Insurance Act.
“qualified medical practitioner”
« médecin qualifié »
“qualified medical practitioner” means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of the family member is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3) of the Employment Insurance Act.
“week”
« semaine »
“week”means the period between midnight on Saturday and midnight on the immediately following Saturday.
Marginal note:Entitlement to leave
(2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to eight weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from
(a) the day the certificate is issued; or
(b) if the leave was commenced before the certificate was issued, the day the leave was commenced.
Marginal note:Period when leave may be taken
(3) The leave of absence may only be taken during the period
(a) that starts with
(i) the first day of the week in which the certificate is issued, or
(ii) if the leave was commenced before the certificate was issued, the first day of the week in which the leave was commenced if the certificate is valid from any day in that week; and
(b) that ends with the last day of the week in which either of the following occurs, namely,
(i) the family member dies, or
(ii) the expiration of 26 weeks following the first day of the week referred to in paragraph (a).
Marginal note:Shorter period
(4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) of the Employment Insurance Act,
(a) the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and
(b) that shorter period applies for the purposes of subparagraph (3)(b)(ii).
Marginal note:Expiration of shorter period
(5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) of the Employment Insurance Act has elapsed.
Marginal note:Minimum period of leave
(6) A leave of absence under this section may only be taken in periods of not less than one week’s duration.
Marginal note:Aggregate leave — more than one employee
(7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed eight weeks in the period referred to in subsection (3).
Marginal note:Copy of certificate
(8) If requested in writing by the employer within 15 days after an employee’s return to work, the employee must provide the employer with a copy of the certificate referred to in subsection (2).
28. Section 209.3 of the Act is renumbered as subsection 209.3(1) and is amended by adding the following:
Marginal note:Prohibition — compassionate care leave
(2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under section 206.3.
29. Section 209.4 of the Act is amended by adding the following after paragraph (a):
(a.1) prescribing classes of persons for the purposes of paragraph (d) of the definition “family member” in subsection 206.3(1);
Coming into Force
Marginal note:Coming into force
30. (1) Subject to subsection (2), the provisions of this Part, other than sections 21, 23 and 24, come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Coming into force
(2) Despite section 153 of the Employment Insurance Act, sections 23 and 24 come into force on a day to be fixed by order of the Governor in Council.
PART 5GENERAL — NON-TAX MEASURES
Foundations
1997, c. 26Budget Implementation Act, 1997
31. Section 31 of the Budget Implementation Act, 1997 is renumbered as subsection 31(1) and is amended by adding the following:
Marginal note:Repayment out of remaining property
(2) Despite subsection (1), the Minister may require the foundation to repay out of the moneys arising from the liquidation to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the foundation.
1998, c. 21Budget Implementation Act, 1998
32. Section 43 of the Budget Implementation Act, 1998 is renumbered as subsection 43(1) and is amended by adding the following:
Marginal note:Repayment out of remaining property
(2) Despite subsection (1), the Ministers may require the Foundation to repay out of the moneys arising from the liquidation to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the Foundation.
2001, c. 23Canada Foundation for Sustainable Development Technology Act
33. Section 32 of the Canada Foundation for Sustainable Development Technology Act is renumbered as subsection 32(1) and is amended by adding the following:
Marginal note:Repayment out of remaining property
(2) Despite subsection (1), the Minister may require the Foundation to repay out of the moneys arising from the liquidation to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the Foundation.
Appropriations for Grants
Canada Foundation for Sustainable Development Technology
Marginal note:$250,000,000 granted
34. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of the Environment and the Minister of Natural Resources, be paid and applied a sum not exceeding two hundred and fifty million dollars for payment to the Canada Foundation for Sustainable Development Technology for its use.
Canadian Foundation for Climate and Atmospheric Sciences
Marginal note:$50,000,000 granted
35. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of the Environment, be paid and applied a sum not exceeding fifty million dollars for payment to the Canadian Foundation for Climate and Atmospheric Sciences for its use.
Canada Health Infoway Inc.
Marginal note:$600,000,000 granted
36. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Health, be paid and applied a sum not exceeding six hundred million dollars for payment to the Canada Health Infoway Inc. for its use.
Canadian Health Services Research Foundation
Marginal note:$25,000,000 granted
37. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Health, be paid and applied a sum not exceeding twenty-five million dollars for payment to the Canadian Health Services Research Foundation for its use.
Page Details
- Date modified: