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

• 312 (1) The portion of subsection 23.2(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Benefits — critically ill child

  • 23.2 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that

• (2) The portion of subsection 23.2(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Benefits — critically ill child

  • 23.2 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that

• 313 (1) The portion of subsection 23.3(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Benefits — critically ill adult

  • 23.3 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that

• (2) The portion of subsection 23.3(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Benefits — critically ill adult

  • 23.3 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that

• 314 (1) Subsection 28(7) of the Act is repealed.

• (2) Section 28 of the Act is amended by adding the following after subsection (6):

  • Marginal note:Exception

    (7) Subsection (6) does not apply to prevent a claimant from requesting that a benefit period established for the claimant as a minor attachment claimant be cancelled under subsection 10(6) and that a benefit period be established for the claimant as a major attachment claimant to enable the claimant to receive special benefits.

• 315 (1) Paragraph 29(a) of the Act is replaced by the following:

  • (a) employment refers to the claimant’s last employment before their initial claim for benefits or any employment of the claimant within their benefit period;

• (2) Paragraph 29(a) of the Act is replaced by the following:

  • (a) employment refers to any employment of the claimant within their qualifying period or their benefit period;

• 316 (1) The portion of subsection 30(1) of the Act before paragraph (b) is replaced by the following:

  Marginal note:Disqualification — misconduct or leaving without just cause

  • 30 (1) A claimant is disqualified from receiving any benefits if the claimant lost their employment because of their misconduct or voluntarily left their employment without just cause, unless

    • (a) the claimant has, since losing or leaving the employment, been employed in insurable employment and made a new initial claim for benefits; or

• (2) The portion of subsection 30(1) of the Act before paragraph (b) is replaced by the following:

  Marginal note:Disqualification — misconduct or leaving without just cause

  • 30 (1) A claimant is disqualified from receiving any benefits if the claimant lost any employment because of their misconduct or voluntarily left any employment without just cause, unless

    • (a) the claimant has, since losing or leaving the employment, been employed in insurable employment for the number of hours required by section 7 or 7.1 to qualify to receive benefits; or

• (3) Subsections 30(4) to (7) of the Act are replaced by the following:

  • Marginal note:Suspension

    (4) The disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.

• (4) Subsection 30(4) of the Act is replaced by the following:

  • Marginal note:Suspension

    (4) Despite subsection (6), the disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.

  • Marginal note:Restriction on qualifying for benefits

    (5) If a claimant who has lost or left an employment as described in subsection (1) makes an initial claim for benefits, the following hours may not be used to qualify under section 7 or 7.1 to receive benefits:

    • (a) hours of insurable employment from that or any other employment before the employment was lost or left; and

    • (b) hours of insurable employment in any employment that the claimant subsequently loses or leaves, as described in subsection (1).

  • Marginal note:Restriction on number of weeks and rate of benefits

    (6) No hours of insurable employment in any employment that a claimant loses or leaves, as described in subsection (1), may be used for the purpose of determining the maximum number of weeks of benefits under subsection 12(2) or the claimant’s rate of weekly benefits under section 14.

  • Marginal note:Interpretation

    (7) For greater certainty, but subject to paragraph (1)(a), a claimant may be disqualified under subsection (1) even if the claimant’s last employment before their claim for benefits was not lost or left as described in that subsection and regardless of whether their claim is an initial claim for benefits.

• 317 (1) Section 46.01 of the Act is replaced by the following:

  Marginal note:Limitation

  46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable.

• (2) Section 46.01 of the Act is replaced by the following:

  Marginal note:Limitation

  46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment.

• 318 (1) The portion of section 51 of the Act before paragraph (a) is replaced by the following:

  Marginal note:Information

  51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment, as defined in paragraph 29(a), resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall

• (2) The portion of section 51 of the Act before paragraph (a) is replaced by the following:

  Marginal note:Information

  51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall

319 Section 58 of the Act is replaced by the following:

320 Subsection 152.05(1) of the French version of the Act is replaced by the following:

• 321 (1) Clause 152.07(1)(d)(i)(A) of the French version of the Act is replaced by the following:

  • (A) si sa période de prestations commence durant la période commençant le 3 janvier 2021 et se terminant le 25 septembre 2021, malgré tout montant fixé par règlement ou établi selon le mode de calcul prévu par règlement pour cette période de référence, 5 000 $,

• (2) Subparagraph 152.07(1)(d)(i) of the Act is amended by striking out “or” at the end of clause (A) and by replacing clause (B) with the following:

  • (B) in the case where the person’s benefit period begins during the period beginning on September 26, 2021 and ending on September 24, 2022, and despite any amount fixed or determined in accordance with the regulations for that qualifying period, $5,289, or

  • (C) in any other case, $6,000 or the amount fixed or determined in accordance with the regulations, if any, for that qualifying period, or

• 322 (1) Paragraph 152.11(11)(b) of the Act is repealed.

• (2) Subsection 152.11(11) of the Act is amended by adding the following after paragraph (a):

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

323 Paragraph 152.14(1)(c) of the Act is replaced by the following:

324 Section 153.1304 of the Act is repealed.

325 The portion of section 153.14 of the Act before paragraph (a) is replaced by the following:

326 Section 153.16 of the Act is replaced by the following:

• 327 (1) Subsection 153.196(1) of the Act is replaced by the following:

  Marginal note:September 25, 2021 or repeal

  • 153.196 (1) Subject to subsections (2) and (3), this Part ceases to apply on the earlier of September 25, 2021 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.

• (2) Section 153.196 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Exception

    (3) Sections 153.1922 to 153.1924 cease to apply on December 18, 2021.

328 The Act is amended by adding the following after Part VIII.5:

• 329 (1) Schedule I to the Act is replaced by the Schedule I set out in Schedule 1 to this Act.

• (2) Schedule I to the Act is replaced by the Schedule I set out in Schedule 2 to this Act.

330 The Act is amended by adding, after Schedule IV, the Schedules V and VI set out in Schedule 3 to this Act.

Transitional Provisions

Marginal note:Words and expressions

331 Words and expressions used in sections 332 to 336 have the same meaning as in the Employment Insurance Act.

Marginal note:Continued application — before September 26, 2021

332 The following provisions of the Employment Insurance Act, as they read immediately before September 26, 2021, continue to apply in respect of an insured person or a claimant, as the case may be, whose benefit period begins before that day:

• (a) the definitions major attachment claimant and minor attachment claimant in subsection 6(1);

• (b) subsection 7(2);

• (c) subsection 7.1(1);

• (d) subsection 12(8);

• (e) subsection 21(1);

• (f) subsections 22(1), (2) and (5);

• (g) subsections 23(1), (1.3), (4), (4.1), (5) and (6);

• (h) subsection 23.1(2);

• (i) subsection 23.2(1);

• (j) subsection 23.3(1);

• (k) subsection 28(7);

• (l) paragraph 29(a);

• (m) subsections 30(1) and (4) to (7);

• (n) section 51; and

• (o) Schedule I.