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

• Marginal note:Further extension of qualifying period

  (4) A qualifying period is further extended by the aggregate of any weeks during an extension for which the person proves, in any manner that the Commission may direct, that the person was not employed in insurable employment because of a reason specified in subsection (2).

• Marginal note:Period not counted if benefits received

  (5) For the purposes of subsections (2) and (4), a week during which the person was in receipt of benefits does not count.

• Marginal note:Maximum extension of qualifying period

  (7) No extension under subsection (2) or (4) may result in a qualifying period of more than 104 weeks.

• (b) in receipt of earnings paid because of the complete severance of their relationship with their former employer;

• Marginal note:General maximum — exception for seasonal workers

  (2.3) Despite subsection (2), the maximum number of weeks for which benefits may be paid in a benefit period to a claimant because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table set out in Schedule V by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period if the following conditions are met:

  • (a) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 29, 2022;

  • (b) on the date on which the benefit period is established, the claimant is ordinarily resident in a region described in Schedule VI;

  • (c) in the 260 weeks before the date on which the benefit period referred to in paragraph (a) begins, at least three benefit periods were established during which regular benefits were paid or payable; and

  • (d) at least two of the benefit periods referred to in paragraph (c) began around the same time of year as the benefit period referred to in paragraph (a) began.

• Marginal note:Establishment of benefit period — presumption

  (2.4) For the purposes of paragraph (2.3)(c), a claimant’s benefit period established before the beginning of the 260-week period is considered to have been established within the 260-week period if the claimant received a notification of payment or non-payment with respect to any week that falls within that 260-week period.

• Marginal note:Beginning of benefit period — presumption

  (2.5) For the purposes of paragraph (2.3)(d), a benefit period in a previous year is considered to have begun around the same time of year if it began during the period that begins eight weeks before and ends eight weeks after the week that is

  • (a) 52 weeks before the first week of the benefit period referred to in paragraph (2.3)(a);

  • (b) 104 weeks before the first week of the benefit period referred to in paragraph (2.3)(a);

  • (c) 156 weeks before the first week of the benefit period referred to in paragraph (2.3)(a);

  • (d) 208 weeks before the first week of the benefit period referred to in paragraph (2.3)(a); or

  • (e) 260 weeks before the first week of the benefit period referred to in paragraph (2.3)(a).

• (c) because of a prescribed illness, injury or quarantine is 26;

• Marginal note:Adoption

  (8) For the purposes of this section, the placement with a claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption.

• Marginal note:Adoption

  (8) For the purposes of this section, the placement with a major attachment claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption.

Marginal note:Illness, etc. — minor attachment claimants

• 21 (1) A minor attachment claimant who ceases work because of illness, injury or quarantine is not entitled to receive benefits while unable to work for that reason.

Marginal note:Pregnancy

• 22 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who proves her pregnancy.

Marginal note:Pregnancy

• 22 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who proves her pregnancy.

• Marginal note:Weeks for which benefits may be paid

  (2) Subject to section 12, benefits are payable to a claimant under this section for each week of unemployment in the period

• Marginal note:Weeks for which benefits may be paid

  (2) Subject to section 12, benefits are payable to a major attachment claimant under this section for each week of unemployment in the period

• Marginal note:Deduction

  (5) Subject to subsection 19(3), if benefits are payable under this section to a claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).

• Marginal note:Deduction

  (5) Subject to subsection 19(3), if benefits are payable under this section to a major attachment claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).

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