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

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Assented to 2017-06-22

PART 4Various Measures (continued)

DIVISION 11Support for Families: Benefits and Leaves (continued)

R.S., c. L-2Canada Labour Code (continued)

265 Subsection 207.2(4) of the Act is replaced by the following:

Marginal note:Medical certificate
(4) The employer may, in writing and no later than 15 days after an employee’s return to work, require the employee to provide a certificate issued by a medical doctor, as defined in subsection 206.3(1), attesting to the child’s hospitalization.

266 (1) Subsection 207.3(3) of the Act is replaced by the following:
- Marginal note:Notice — leave of more than four weeks
  (3) If the length of the leave taken under any of sections 206.3 to 206.5 is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.
(2) Subsection 207.3(5) of the Act is replaced by the following:
- Marginal note:Return to work postponed
  (5) If an employee who takes a leave of more than four weeks under any of sections 206.3 to 206.5 wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.

267 (1) Paragraph 209.4(a.1) of the Act is repealed.
(2) Paragraphs 209.4(d) and (e) of the Act are replaced by the following:
- (d) enlarging the meaning of care and support in subsections 206.3(1) and 206.4(1), and of critically ill adult and critically ill child in subsection 206.4(1);
- (e) prescribing other persons to be included in the meanings of family member, medical doctor and nurse practitioner in subsections 206.3(1) and 206.4(1);
- (e.1) adapting the terminology of the definitions of care, critically ill adult, critically ill child, family member, medical doctor, nurse practitioner and support in the regulations made under the Employment Insurance Act for the purposes of the definitions of those terms in subsections 206.3(1) and 206.4(1) of this Act;
(3) Paragraph 209.4(g) of the Act is replaced by the following:
- (g) prescribing shorter periods of consecutive months of continuous employment for the purposes of subsections 206(1), 206.1(1), 206.4(2) and (2.1) and 206.5(2) and (3);

Coordinating Amendments

Marginal note:2012, c. 27

268 (1) In this section, other Act means the Helping Families in Need Act.
(2) If section 35 of the other Act produces its effects before section 260 of this Act comes into force, then, on the day on which that section 260 comes into force,
- (a) subsection 206.1(1) of the Canada Labour Code 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) a new-born child of the employee;
    - (b) 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; or
    - (c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.
- (b) subsection 206.1(3) of the Canada Labour Code 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 event, as described in any of paragraphs (1)(a) to (c), shall not exceed 63 weeks.
(3) If section 260 of this Act comes into force before section 35 of the other Act produces its effects, then, on the day on which that section 260 comes into force,
- (a) that section 35 is replaced by the following:
  Marginal note:2000, c. 12
  35 On the day on which subsection 107(1) of the Modernization of Benefits and Obligations Act comes into force,
  - (a) subsections 206.1(1) and (2) of the Canada Labour Code are 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) a new-born child of the employee;
    (b) 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; or
    (c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.
    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
    (a) in the case of a child described in paragraph (1)(a), at the option of the employee, on the day the child is born or comes into the actual care of the employee;
    (b) in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee; and
    (c) in the case of a child described in paragraph (1)(c), on the day the requirements referred to in that paragraph are met.
- (b) subsection 206.1(3) of the Canada Labour Code 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 event, as described in any of paragraphs (1)(a) to (c), shall not exceed 63 weeks.
- (c) section 43 of the Budget Implementation Act, 2000 is repealed.
(4) If section 35 of the other Act produces its effects on the day on which section 260 of this Act comes into force, then that section 35 is deemed to have produced its effects before that section 260 comes into force and subsection (2) applies as a consequence.

Coming into Force

Marginal note:Order in council

269 This Division, other than sections 257, 258 and 268, comes into force on a day to be fixed by order of the Governor in Council, which may not be earlier than July 10, 2017.

DIVISION 12Canadian Forces Members and Veterans

2005, c. 21Canadian Forces Members and Veterans Re-establishment and Compensation Act

270 Section 1 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is replaced by the following:

Marginal note:Short title

1 This Act may be cited as the Veterans Well-being Act.

271 The definition compensation in subsection 2(1) of the Act is replaced by the following:

compensation: compensation means any of the following benefits under this Act, namely, an education and training benefit, an education and training completion bonus, an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit, a critical injury benefit, a disability award, a death benefit, a clothing allowance, a detention benefit or a caregiver recognition benefit. (indemnisation)

272 Section 3 of the Act is replaced by the following:

Marginal note:Eligibility

3 (1) Subject to this section, the Minister may, on application, provide career transition services to
- (a) a member who has completed basic training;
- (b) a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006;
- (c) a veteran who is entitled to a Canadian Forces income support benefit;
- (d) a spouse or common-law partner of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006;
- (e) a survivor of a member who completed basic training and who died on or after April 1, 2006;
- (f) a survivor of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006; and
- (g) a survivor who is entitled to a Canadian Forces income support benefit.
Marginal note:Limitation — member
(2) Career transition services may be provided to a member only if the member resides in Canada and the Minister is satisfied that they require assistance in making the transition to the civilian labour force.
Marginal note:Limitation — veteran
(3) Career transition services may be provided to a veteran only if
- (a) the veteran resides in Canada;
- (b) the Minister is satisfied that the veteran requires assistance in making the transition to the civilian labour force; and
- (c) the veteran is not receiving rehabilitation services or vocational assistance under Part 2.
Marginal note:Limitation — spouse, common-law partner or survivor
(4) Career transition services may be provided to a spouse, common-law partner or survivor only if they reside in Canada and are not receiving rehabilitation services or vocational assistance under Part 2.
Marginal note:Period — spouse or common-law partner of veteran
(5) A spouse or common-law partner of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006 may receive career transition services until the later of
- (a) March 31, 2020, and
- (b) the second anniversary of the day on which the veteran was released.

273 Subsection 4(1) of the Act is replaced by the following:

Marginal note:Assessment of needs

4 (1) The Minister shall, on approving an application made under section 3, assess the needs of the member, veteran, spouse, common-law partner or survivor with respect to the career transition services that may be provided to them under this Part.

274 Section 5 of the Act is replaced by the following:

Marginal note:Suspend or cancel

5 The Minister may, in the prescribed circumstances, suspend or cancel the provision of career transition services to a person under this Part.

Marginal note:Regulations

5.1 The Governor in Council may make regulations

(a) respecting the career transition services that may be provided under this Part; and
(b) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of subsections 3(2) to (4).

PART 1.1Education and Training Benefit

Marginal note:Eligibility — veterans

5.2 (1) The Minister may, on application, pay an education and training benefit to a veteran in accordance with section 5.3 or 5.5 if the veteran
- (a) served for a total of at least six years in the regular force, in the reserve force or in both; and
- (b) was honourably released from the Canadian Forces on or after April 1, 2006.
Marginal note:Maximum cumulative amount
(2) The maximum cumulative amount that the Minister may pay to a veteran is $40,000 or, if the veteran served for a total of at least 12 years in the regular force, in the reserve force or in both, $80,000.
Marginal note:Definitions
(3) In this section, regular force and reserve force have the same meanings as in subsection 2(1) of the National Defence Act.

Marginal note:Course of study at educational institution

5.3 (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part in respect of
- (a) education or training received from an educational institution as part of a course of study leading to the completion of a degree, diploma, certification or designation; and
- (b) any expenses, including living expenses, that may be incurred by the veteran while enrolled at the institution.
Marginal note:Request for payment
(2) A veteran requesting payment in respect of education or training described in paragraph (1)(a) shall provide the Minister with proof of acceptance, enrolment or registration at the institution for an upcoming period of study and with any prescribed information.
Marginal note:Additional information
(3) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (4).
Marginal note:Minister’s determination
(4) On being provided with the proof and information, the Minister shall, if he or she is satisfied that the requested payment may be made to the veteran, determine
- (a) the amount of the payment;
- (b) the period of study to which that amount is allocated; and
- (c) the day on which the payment is to be made.
Marginal note:Payment day
(5) The day on which the payment is to be made must be no earlier than the 60th day before
- (a) the day on which fees for the education or training are due to be paid to the institution in respect of the period of study; or
- (b) the day on which the period of study begins, if the institution fixes no day on which the fees are due.

Marginal note:Education and training completion bonus

5.4 On application, the Minister may pay, over and above an education and training benefit, an education and training completion bonus in the prescribed amount to a veteran who receives a degree, diploma, certification or designation in respect of which they received a payment of an education and training benefit under section 5.3.

Marginal note:Other education or training

5.5 (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part for fees charged by the provider of any education or training, other than education or training described in paragraph 5.3(1)(a), that is approved by the Minister.
Marginal note:Maximum cumulative amount
(2) The maximum cumulative amount that may be paid to a veteran for such fees is the prescribed amount.
Marginal note:Request for payment
(3) A veteran requesting payment for such fees shall provide the Minister with a description of the education or training, the amount of the fees, the name of the provider and any prescribed information.
Marginal note:Additional information
(4) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (5).
Marginal note:Minister’s determination
(5) On being provided with the information referred to in subsections (3) and (4), the Minister may approve the education or training and shall, if he or she gives the approval and is satisfied that the requested payment may be made to the veteran, determine
- (a) the amount of the payment; and
- (b) the day on which the payment is to be made.
Marginal note:Payment day
(6) The day on which the payment is to be made must be no earlier than the 60th day before
- (a) the day on which fees for the education or training are due to be paid to the provider; or
- (b) the day on which the education or training begins, if the provider fixes no day on which the fees are due.

Marginal note:No payment to member

5.6 For greater certainty, the Minister is not permitted to pay an education and training benefit to a person who is a member.

Marginal note:No payment — other services or benefit

5.7 The Minister is not permitted to pay an education and training benefit to a veteran if they are being provided with rehabilitation services or vocational assistance under Part 2, or are entitled to a Canadian Forces income support benefit under that Part.

Marginal note:Limitation — incarceration

5.8 If a veteran is incarcerated in a correctional institution and is not responsible for paying their living expenses, the Minister may limit the amount of an education and training benefit payable to the veteran to the amount that is, in the Minister’s opinion, required to allow the veteran to participate in the education or training.

Marginal note:Duration of benefit

5.9 (1) An education and training benefit ceases to be payable to a veteran on the later of
- (a) April 1, 2028, and
- (b) the day after the 10th anniversary of the day on which the veteran was last released from the Canadian Forces.
Marginal note:Education or training ending after cessation
(2) A payment of an education and training benefit that is made before the day on which the benefit ceases to be payable may be made in respect of education or training that ends on or after that day.
Marginal note:Exception
(3) Despite subsection (1), the Minister may, in the prescribed circumstances, pay an education and training benefit after it would otherwise cease to be payable.

Marginal note:Limitation

5.91 The Minister is not permitted to pay an education and training benefit to a veteran after the day on which they receive the last of the payments totalling the maximum cumulative amount to which they are entitled on that day, despite any adjustment to the maximum cumulative amount that is made under the regulations after that day.

Marginal note:Suspension or cancellation

5.92 The Minister may, in the prescribed circumstances, suspend the payment of an education and training benefit or cancel the benefit.