Budget Implementation Act, 2021, No. 1 (S.C. 2021, c. 23)
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Assented to 2021-06-29
PART 4Various Measures (continued)
DIVISION 34Benefits and Leave (continued)
2020, c. 12, s. 2Canada Recovery Benefits Act (continued)
289 Subsection 5(1) of the Act is replaced by the following:
Marginal note:Attestation
5 (1) Subject to subsections (2) to (5), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 3(1)(a) to (n).
290 Subsections 8(1) and (2) of the Act are replaced by the following:
Marginal note:Amount of payment
8 (1) Subject to subsection (2), the amount of a Canada recovery benefit for a week is
(a) in respect of a person who applies or has applied under section 4 for any two-week period beginning before July 18, 2021, $500 for a maximum of 42 weeks and $300 for every subsequent week; and
(b) in respect of a person who has never applied under section 4 for any two-week period beginning before July 18, 2021, $300 for a week beginning on or after that date.
Marginal note:Exception
(1.1) Despite subsection (1), if a person referred to in paragraph (1)(b) subsequently applies under section 4 for any two-week period beginning before July 18, 2021, the person is deemed to be a person referred to in paragraph (1)(a) except for every two-week period for which the person was paid $300 for each week.
Marginal note:Repayment
(2) If a person who has received a Canada recovery benefit or the benefit referred to in section 9.1 has income of more than $38,000 for 2020 or for 2021, the person must repay an amount equal to 50 cents for every dollar of income earned in that year above $38,000 of income, up to the total amount of those benefits received by them in the year, which total amount is calculated without taking into account any erroneous payment or overpayment, and that amount constitutes a debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the balance-due day, as defined in subsection 248(1) of the Income Tax Act, for the year.
291 Subsection 9(1) of the Act is replaced by the following:
Marginal note:Maximum number of two-week periods
9 (1) The maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is 25 or, if another number of two-week periods is fixed by regulation, that number of two-week periods, minus one for every two weeks for which regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, were received by the person during the period beginning on September 27, 2020 and ending on September 25, 2021 in respect of benefit periods, as defined in subsection 2(1) of that Act, that were established on or after September 27, 2020.
292 The Act is amended by adding the following after section 9:
Marginal note:Employment insurance benefits during two-week period
9.1 Despite sections 3, 7 and 8, if a person who makes an application under section 4 is not eligible for a Canada recovery benefit for any two-week period by reason only that the person was paid regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, for the maximum number of weeks for which those benefits may be paid in the person’s benefit period under Part I of that Act, or the person was paid regular benefits and special benefits, as defined in subsection 2(1) of that Act, for the maximum number of weeks for which both those benefits may be paid in the person’s benefit period under Part I of that Act, and the last week for which they were paid those benefits under that Act is the first week of the two-week period, the Minister may pay a benefit of $300 to the person for the two-week period.
293 Subsections 23(1) and (2) of the Act are replaced by the following:
Marginal note:Maximum number of weeks for a person
23 (1) Subject to subsection (2), the maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to a person is 42 or, if another maximum number of weeks is fixed by regulation, that maximum number.
Marginal note:Maximum number of weeks for household members
(2) The maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to all of the persons residing in the same household is 42 or, if another maximum number of weeks is fixed by regulation for the purpose of subsection (1), that maximum number.
294 The Act is amended by adding the following after section 24:
Marginal note:Replacement of September 25, 2021
24.1 The Governor in Council may, by regulation, on the recommendation of the Minister and the Minister of Finance, amend any of the following provisions to replace the date of September 25, 2021 by a date not later than November 20, 2021 and, if any of the following provisions was amended by such a regulation, to amend the provision again by replacing the date set out in it as a result of the previous regulation by a date not later than November 20, 2021:
(a) subsection 3(1);
(b) subsection 4(1);
(c) subsection 9(1);
(d) subsection 10(1);
(e) subsection 11(1);
(f) subsection 17(1);
(g) subsection 18(1).
R.S., c. L-2Canada Labour Code
295 (1) The portion of paragraph 239.01(1)(b) of the Canada Labour Code before subparagraph (i) is replaced by the following:
(b) subject to subsection (3), up to 42 weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because
(2) Subsection 239.01(3) of the Act is replaced by the following:
Marginal note:Aggregate leave — paragraph (1)(b)
(3) Subject to subsection (5), the aggregate amount of leave that an employee may take under paragraph (1)(b) is not to exceed 42 weeks or, if another number of weeks is fixed by regulation for the purposes of that paragraph, that number of weeks.
(3) Subsection 239.01(5) of the Act is replaced by the following:
Marginal note:Clarification
(4.1) For greater certainty,
(a) an employee who is on leave under paragraph (1)(b) at the time this subsection comes into force is entitled to extend their leave up to the maximum number of weeks provided for in that paragraph; and
(b) any period of leave taken by an employee under paragraph (1)(b), as it read immediately before June 19, 2021, counts towards the maximum number of weeks referred to in subsection (3).
Marginal note:Aggregate leave — more than one employee
(5) The aggregate amount of leave that may be taken under paragraph (1)(b) by two or more employees who reside in the same household is not to exceed 42 weeks or, if another number of weeks is fixed by regulation for the purposes of that paragraph, that number of weeks.
2020, c. 12COVID-19 Response Measures Act
296 Subsections 9(6) and (7) of the COVID-19 Response Measures Act are replaced by the following:
Marginal note:November 20, 2021
(6) Subsections 4.1(4), 4.3(6), 4.4(4), 4.5(2) and 4.6(2) come into force on November 20, 2021.
Marginal note:November 21, 2021
(7) Subsections 4.1(2), 4.2(2), 4.3(2) and (4) and 4.4(2) come into force on November 21, 2021.
SOR/2021-35Canada Recovery Benefits Regulations
297 Section 2 of the Canada Recovery Benefits Regulations is repealed.
298 Section 4 of the Regulations is repealed.
C.R.C., c. 986; SOR/2019-168, s. 1Canada Labour Standards Regulations
299 Paragraph 33.1(b) of the Canada Labour Standards Regulations is repealed.
Coordinating Amendments
Marginal note:2020, c. 12
300 (1) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force,
(a) subsection 9(6) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(6) with the date set out in that subsection 10(1), as amended by that regulation; and
(b) subsection 9(7) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(7) with the date that is the date of the day after the date set out in that subsection 10(1), as amended by that regulation.
(2) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force,
(a) subsection 9(6) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(6) with the date set out in that subsection 17(1), as amended by that regulation; and
(b) subsection 9(7) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(7) with the date that is the date of the day after the date set out in that subsection 17(1), as amended by that regulation.
(3) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsections 10(1) and 17(1) of that Act to replace the date set out in those subsections with a date that is the same in both subsections, subsection (2) does not apply.
(4) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsections 10(1) and 17(1) of that Act to replace the date set out in those subsections with November 20, 2021, subsections (1) to (3) do not apply if the date that is set out in subsection 9(6) of the COVID-19 Response Measures Act is November 20, 2021.
(5) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection and a regulation made under that section 24.1 amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection 17(1) and the dates in the amendments are not the same, then, on the first day on which both those regulations are in force,
(a) if the later of the dates, as amended by one of the regulations, is the date set out in the amendment to that subsection 17(1),
(i) subsection (1) is deemed never to have applied, and
(ii) paragraph 239.01(1)(a) of the Canada Labour Code ceases to apply on the date set out in that subsection 10(1), as amended; and
(b) if the later of the dates, as amended by one of the regulations, is the date set out in that subsection 10(1),
(i) subsection (2) is deemed never to have applied, and
(ii) paragraph 239.01(1)(b) of the Canada Labour Code ceases to apply on the date set out in that subsection 17(1), as amended.
(6) If none of the dates set out in subsections 10(1) and 17(1) of the Canada Recovery Benefits Act are amended by a regulation made under section 24.1 of that Act, as enacted by section 294 of this Act, before October 2, 2021,
(a) subsection 9(6) of the COVID-19 Response Measures Act is replaced by the following:
Marginal note:October 2, 2021
(6) Subsections 4.1(4), 4.3(6), 4.4(4), 4.5(2) and 4.6(2) come into force on October 2, 2021.
(b) subsection 9(7) of the COVID-19 Response Measures Act is replaced by the following:
Marginal note:October 3, 2021
(7) Subsections 4.1(2), 4.2(2), 4.3(2) and (4) and 4.4(2) come into force on October 3, 2021.
(c) subsections (1) to (4) are deemed never to have come into force and are repealed.
Coming into Force
Marginal note:June 19, 2021
301 This Division, other than section 300, comes into force, or is deemed to have come into force, on June 19, 2021.
DIVISION 35Benefits and Leave Related to Employment
1996, c. 23Employment Insurance Act
Amendments to the Act
302 (1) The definitions major attachment claimant and minor attachment claimant in subsection 6(1) of the Employment Insurance Act are repealed.
(2) Subsection 6(1) of the Act is amended by adding the following in alphabetical order:
- major attachment claimant
major attachment claimant means a claimant who qualifies to receive benefits and has 600 or more hours of insurable employment in their qualifying period; (prestataire de la première catégorie)
- minor attachment claimant
minor attachment claimant means a claimant who qualifies to receive benefits and has fewer than 600 hours of insurable employment in their qualifying period; (prestataire de la deuxième catégorie)
303 (1) Paragraph 7(2)(b) of the Act is replaced by the following:
(b) has had during their qualifying period at least 420 hours of insurable employment.
(2) Paragraph 7(2)(b) of the Act is replaced by the following:
(b) has had during their qualifying period at least the number of hours of insurable employment set out in the following table in relation to the regional rate of unemployment that applies to the person.
(3) The table to subsection 7(2) of the Act is repealed.
(4) Subsection 7(2) of the Act is amended by adding the following after paragraph (b):
TABLE
Regional Rate of Unemployment Required Number of Hours of Insurable Employment in Qualifying Period 6% and under 700 more than 6% but not more than 7% 665 more than 7% but not more than 8% 630 more than 8% but not more than 9% 595 more than 9% but not more than 10% 560 more than 10% but not more than 11% 525 more than 11% but not more than 12% 490 more than 12% but not more than 13% 455 more than 13% 420
304 (1) Subsection 7.1(1) of the Act is replaced by the following:
Marginal note:Increase in required hours
7.1 (1) The number of hours that an insured person requires under section 7 to qualify for benefits is increased to the number set out in the following table if the insured person accumulates one or more violations in the 260 weeks before making their initial claim for benefits.
TABLE / TABLEAU
Violation minor / mineure
serious / grave
very serious / très grave
subsequent / subséquente
525 630 735 840
(2) Subsection 7.1(1) of the Act is replaced by the following:
Marginal note:Increase in required hours
7.1 (1) The number of hours that an insured person requires under section 7 to qualify for benefits is increased to the number set out in the following table in relation to the applicable regional rate of unemployment if the insured person accumulates one or more violations in the 260 weeks before making their initial claim for benefits.
TABLE / TABLEAU
Regional Rate of Unemployment /
Taux régional de chômage
Violation minor / mineure
serious / grave
very serious / très grave
subsequent / subséquente
6% and under/
6 % et moins
875 1050 1225 1400 more than 6% but not more than 7%/
plus de 6 % mais au plus 7 %
831 998 1164 1330 more than 7% but not more than 8%/
plus de 7 % mais au plus 8 %
788 945 1103 1260 more than 8% but not more than 9%/
plus de 8 % mais au plus 9 %
744 893 1041 1190 more than 9% but not more than 10%/
plus de 9 % mais au plus 10 %
700 840 980 1120 more than 10% but not more than 11%/
plus de 10 % mais au plus 11 %
656 788 919 1050 more than 11% but not more than 12%/
plus de 11 % mais au plus 12 %
613 735 858 980 more than 12% but not more than 13%/
plus de 12 % mais au plus 13 %
569 683 796 910 more than 13%/
plus de 13 %
525 630 735 840
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