Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

253 The Act is amended by adding, after Schedule III, the Schedule IV set out in Schedule 2 to this Act.

Transitional Provisions

Marginal note:Birth or placement for adoption

254 The Employment Insurance Act, as it read immediately before the day on which sections 235 and 245 come into force, continues to apply to a claimant for the purpose of paying benefits under section 23 or 152.05 of that Act in respect of a child or children who are, before that day, born or placed with the claimant for the purpose of adoption.

Marginal note:Critically ill child

255 The Employment Insurance Act, as it read immediately before the day on which sections 237 and 247 come into force, continues to apply to a claimant for the purpose of paying benefits under section 23.2 or 152.061 of that Act if the period referred to in subsection 23.2(3) or 152.061(3), as the case may be, of that Act begins before that day.

Marginal note:Critically ill adult

256 Sections 23.3 and 152.062 of the Employment Insurance Act, as enacted by sections 238 and 248, respectively, apply to a claimant for any benefit period

• (a) that begins on or after the day on which sections 238 and 248 come into force; or

• (b) that has not ended before that day, but only for weeks of benefits that begin on or after that day.

Coordinating Amendments

Marginal note:2000, c. 12

• 257 (1) In this section, other Act means the Modernization of Benefits and Obligations Act.

• (2) If subsection 235(1) of this Act comes into force before subsection 107(1) of the other Act, then that subsection 107(1) is replaced by the following:

  • 107 (1) Subsection 23(1) of the 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 major attachment 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).

  • (1.1) Subsection 23(2) of the Act is replaced by the following:

    • Marginal note:Weeks for which benefits may be paid

      (2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period that begins with the week in which

      • (a) the child or children of the claimant are born,

      • (b) the child or children are actually placed with the claimant for the purpose of adoption, or

      • (c) the claimant first meets the requirements set out in the regulations made under paragraph 54(f.1)

      and ends 52 weeks after that week.

• (3) If subsection 107(1) of the other Act comes into force on the same day as subsection 235(1) of this Act, then that subsection 107(1) is deemed to have come into force before that subsection 235(1).

Marginal note:2009, c. 33

• 258 (1) In this section, other Act means the Fairness for the Self-Employed Act.

• (2) If subsection 245(1) of this Act comes into force before paragraph 36(b) of the other Act produces its effects, then that paragraph 36(b) is replaced by the following:

  • (b) subsection 152.05(1) of the Employment Insurance Act is replaced by the following:

    Marginal note:Parental benefits

    • 152.05 (1) Subject to this Part, benefits are payable to a self-employed person to care for

      • (a) one or more new-born children of the person;

      • (b) one or more children placed with the person for the purpose of adoption under the laws governing adoption in the province in which the person resides; or

      • (c) one or more children if the self-employed person meets the requirements set out in the regulations made under paragraph 54(f.1).

  • (c) subsection 152.05(2) of the Employment Insurance Act is replaced by the following:

    • Marginal note:Weeks for which benefits may be paid

      (2) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period

      • (a) that begins with the week in which the child or children of the self-employed person are born and that ends 52 weeks after that week;

      • (b) that begins with the week in which the child or children of the self-employed person are actually placed with the self-employed person for the purpose of adoption and that ends 52 weeks after that week; or

      • (c) that begins with the week in which the self-employed person first meets the requirements set out in the regulations made under paragraph 54(f.1) and ends 52 weeks after that week.

• (3) If paragraph 36(b) of the other Act produces its effects on the day on which subsection 245(1) of this Act comes into force, then that paragraph 36(b) is deemed to have produced its effects before that subsection 245(1) comes into force.

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

Amendments to the Act

259 Subsection 206(1) of the Canada Labour Code is replaced by the following:

• 260 (1) Subsection 206.1(1) of the Act is replaced by the following:

  Marginal note:Entitlement to leave

  • 206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for a new-born child of the employee or a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides.

• (2) The portion of subsection 206.1(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Period when leave may be taken

    (2) The leave of absence granted under this section may only be taken during the 78-week period beginning

• (3) Subsection 206.1(3) of the Act is replaced by the following:

  • Marginal note:Aggregate leave — two employees

    (3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same birth or adoption shall not exceed 63 weeks.

261 Section 206.2 of the Act is replaced by the following:

• 262 (1) Subsection 206.3(1) of the Act is replaced by the following:

  Marginal note:Definitions

  • 206.3 (1) For the purposes of this section, care, family member, medical doctor, nurse practitioner and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week means the period between midnight on Saturday and midnight on the immediately following Saturday.

• (2) The portion of subsection 206.3(2) of the Act before paragraph (a) is replaced by the following:

  • 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 28 weeks to provide care or support to a family member of the employee if a medical doctor or nurse practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from

• (3) Section 206.3 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Medical practitioner

    (2.1) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) may be issued by a member of a class of medical practitioners that is prescribed under that Act.

• (4) Subsection 206.3(3.1) of the Act is replaced by the following:

  • Marginal note:Certificate not necessary

    (3.1) For greater certainty, but subject to subsection (3), for leave under this section to be taken after the end of the period of 26 weeks set out in subsection (2), it is not necessary for a medical doctor or nurse practitioner to issue an additional certificate under that subsection (2).

• (5) Section 206.3 of the Act is amended by adding the following after subsection (7):

  • Marginal note:Limitation — section 206.4

    (7.1) No leave may be taken by one or more employees under subsection 206.4(2) or (2.1) before the end of the leave taken under subsection (2) in respect of the same person.

• 263 (1) Subsection 206.4(1) of the Act is replaced by the following:

  Marginal note:Interpretation

  • 206.4 (1) For the purposes of this section, care, critically ill adult, critically ill child, family member, medical doctor, nurse practitioner and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week has the same meaning as in subsection 206.3(1).

• (2) The portion of subsection 206.4(2) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Leave — 37 weeks

    (2) Every employee who has completed six consecutive months of continuous employment with an employer and who is a family member of a critically ill child is entitled to and shall be granted a leave of absence from employment of up to 37 weeks in order to care for or support that child if a medical doctor or nurse practitioner 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 family members; and

• (3) Subsection 206.4(3) of the Act is replaced by the following:

  • Marginal note:Leave — 17 weeks

    (2.1) Every employee who has completed six consecutive months of continuous employment with an employer and who is a family member of a critically ill adult is entitled to and shall be granted a leave of absence from employment of up to 17 weeks in order to care for or support that adult if a medical doctor or nurse practitioner has issued a certificate that

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

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

  • Marginal note:Medical practitioner

    (3) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) or (2.1) may be issued by a member of a class of medical practitioners that is prescribed under that Act.

• (4) Subparagraphs 206.4(4)(a)(i) and (ii) of the Act are replaced by the following:

  • (i) the day on which the first certificate is issued in respect of the child or adult, as the case may be, that meets the requirements of subsection (2) or (2.1), or

  • (ii) if the leave begins before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the child or adult, as the case may be, is critically ill; and

• (5) Subparagraph 206.4(4)(b)(i) of the Act is replaced by the following:

  • (i) the child or adult, as the case may be, dies, or

• (6) Subsections 206.4(5) and (6) of the Act are replaced by the following:

  • Marginal note:Aggregate leave — employees

    (5) The aggregate amount of leave that may be taken by employees under this section during the period referred to in subsection (4) must not exceed

    • (a) in respect of the same critically ill child, 37 weeks; or

    • (b) in respect of the same critically ill adult, 17 weeks.

  • Marginal note:Limitation

    (6) No leave may be taken by one or more employees under subsection (2.1) before the end of the period referred to in subsection (4) if leave was granted under subsection (2) in respect of the same person.

  • Marginal note:Limitation — section 206.3

    (7) No leave may be taken by one or more employees under section 206.3 before the end of the leave taken under subsection (2) or (2.1) in respect of the same person.

• 264 (1) Paragraph 207(1)(a) of the Act is replaced by the following:

  • (a) unless there is a valid reason for not doing so, give at least four weeks notice in writing to the employer before the day on which the leave is to begin; and

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

  • Marginal note:Exception — valid reason

    (1.1) If there is a valid reason for not providing notice in accordance with paragraph (1)(a), the employee shall notify the employer in writing as soon as possible that the employee intends to take a leave of absence.

  • 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 section 206 or 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.