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Helping Families in Need Act (S.C. 2012, c. 27)

Assented to 2012-12-14

Marginal note:2009, c. 33, s. 9(2)
  •  (1) Paragraph 54(c.2) of the Act is replaced by the following:

    • (c.2) setting out circumstances for the purposes of paragraphs 10(5.1)(c), 10(5.2)(c), 23.1(6)(c), 23.2(5)(c), 152.06(5)(c), 152.061(5)(c), 152.11(6)(c) and 152.11(6.1)(c);

  • Marginal note:2009, c. 33, s. 9(3)

    (2) Paragraphs 54(f.3) and (f.4) of the Act are replaced by the following:

    • (f.21) defining or determining what is a parent, a critically ill child and a specialist medical doctor for the purposes of subsections 23.2(1) and 152.061(1);

    • (f.3) defining or determining what is care or support for the purposes of paragraphs 23.1(2)(b), 23.2(1)(a), 152.06(1)(b) and 152.061(1)(a);

    • (f.4) prescribing classes of medical practitioners for the purposes of subsections 23.1(3), 23.2(2), 152.06(2) and 152.061(2) and setting out the circumstances in which a certificate may be issued by them under subsection 23.1(2), 23.2(1), 152.06(1) or 152.061(1);

  • Marginal note:2003, c. 15, s. 20(2); 2009, c. 33, s. 9(3)

    (3) Paragraphs 54(f.6) and (f.7) of the Act are replaced by the following:

    • (f.6) prescribing requirements for the purposes of paragraphs 23.1(7)(c), 23.2(6)(c), 23.2(7)(c), 152.06(6)(c), 152.061(6)(c) and 152.061(7)(c);

    • (f.7) prescribing rules for the purposes of subsections 23.1(9), 23.2(8) and 152.061(8);

Marginal note:2003, c. 15, s. 22(1); 2009, c. 33, s. 10
  •  (1) Subsections 69(1) and (2) of the Act are replaced by the following:

    Marginal note:Premium reduction — wage-loss plans
    • 69. (1) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s premium when

      • (a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care, compassionate care or a child’s critical illness under a plan that covers insured persons employed by the employer, other than one established under provincial law, would have the effect of reducing the special benefits payable to the insured persons; and

      • (b) the insured persons will benefit from the reduction of the employer’s premium in an amount at least equal to 5/12 of the reduction.

    • Marginal note:Provincial plans

      (2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s and employee’s premiums, the premiums under Part VII.1 or all those premiums, when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care, compassionate care or a child’s critical illness under a provincial law to insured persons, or to self-employed persons, as the case may be, would have the effect of reducing or eliminating the special benefits payable to those insured persons or the benefits payable to those self-employed persons.

  • (2) Section 69 of the Act is amended by adding the following after subsection (6):

    • Marginal note:Reference

      (7) The reference to the payment of allowances, money or other benefits because of a child’s critical illness in subsections (1) and (2) means the payment of allowances, money or other benefits for the same or substantially the same reasons for which benefits are payable under section 23.2.

  •  (1) Section 152.03 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Exception

      (1.1) A self-employed person to whom benefits are payable under section 152.05 is entitled to benefits under subsection (1) even though the person did not cease to work as a self-employed person because of a prescribed illness, injury or quarantine and would not be working even without the illness, injury or quarantine.

  • Marginal note:2009, c. 33, s. 16

    (2) Subsection 152.03(4) of the Act is replaced by the following:

    • Marginal note:Disentitlement

      (4) A self-employed person, other than one referred to in subsection (1.1), is not entitled to benefits under subsection (1) if, were it not for the prescribed illness, injury or quarantine, the self-employed person would be deemed, in accordance with the regulations, to be not working.

Marginal note:2009, c. 33, s. 16

 Subsections 152.05(5) to (10) of the Act are replaced by the following:

  • Marginal note:Extension of period

    (5) If, during a self-employed person’s benefit period, benefits were paid to the person for more than one of the reasons mentioned in paragraphs 152.14(1)(a) to (e), the maximum total number of weeks established for those reasons is greater than 50 and benefits were paid for the reason mentioned in paragraph 152.14(1)(b) but for fewer than the maximum number of weeks established for that reason, the period referred to in subsection (2) is extended so that benefits may be paid up to the maximum number of weeks referred to in paragraph 152.14(1)(b).

  • Marginal note:Limitation

    (6) An extension under subsection (5) must not result in the period referred to in subsection (2) being longer than the maximum benefit period calculated under subsection 152.11(16).

  • Marginal note:Limitation

    (7) An extension under any of subsections 152.11(11) to (14) must not result in the period referred to in subsection (2) being longer than 104 weeks.

 The Act is amended by adding the following after section 152.06:

Marginal note:Benefits — critically ill child
  • 152.061 (1) Subject to this Part, benefits are payable to a self-employed person, who is the parent of a critically ill child, in order to care for or support that child if a specialist medical doctor 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 parents; and

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

  • Marginal note:Medical practitioner

    (2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.

  • Marginal note:Weeks for which benefits may be paid — child

    (3) Subject to subsection (4) and section 152.14, benefits under this section are payable for each week of unemployment in the period

    • (a) that begins on the first day of the week in which either of the following falls:

      • (i) the day on which the first certificate is issued in respect of the child that meets the requirements of subsection (1) and is filed with the Commission, or

      • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the specialist medical doctor certifies that the child is critically ill; and

    • (b) that ends on the last day of the week in which any of the following occurs:

      • (i) all benefits payable under this section in respect of the child are exhausted,

      • (ii) the child dies, or

      • (iii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).

  • Marginal note:Weeks for which benefits may be paid — children

    (4) Subject to section 152.14, if more than one child of the self-employed person is critically ill as a result of the same event, benefits under this section are payable for each week of unemployment in the period

    • (a) that begins on the first day of the week in which either of the following falls:

      • (i) the day on which the first certificate is issued in respect of any of the children that meets the requirements of subsection (1) and is filed with the Commission, or

      • (ii) in the case of a claim that is made before the day on which the certificate is issued, the first day from which the specialist medical doctor certifies that any of the children is critically ill; and

    • (b) that ends on the last day of the week in which any of the following occurs:

      • (i) all benefits payable under this section in respect of the children are exhausted,

      • (ii) the last of the children dies, or

      • (iii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).

  • Marginal note:Exception

    (5) Subparagraph (3)(a)(ii) or (4)(a)(ii) does not apply to a claim if

    • (a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

    • (b) the beginning of the period referred to in subsection (3) or (4), as the case may be, has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

    • (c) the claim is made in any other circumstances set out in the regulations.

  • Marginal note:Deferral of waiting period — child

    (6) Subject to subsection (7), a self-employed person 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 if

    • (a) another claimant has made a claim for benefits under this section or section 23.2 in respect of the same child during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;

    • (b) another claimant is making a claim for benefits under this section or section 23.2 in respect of the same child at the same time as the claimant and that other claimant elects to serve their waiting period; or

    • (c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.2 in respect of the same child, meets the prescribed requirements.

  • Marginal note:Deferral of waiting period — children

    (7) A self-employed person who makes a claim for benefits under this section — and more than one of whose children is critically ill as a result of the same event — may have their waiting period deferred until they make another claim for benefits in the same benefit period if

    • (a) another claimant has made a claim for benefits under this section or section 23.2 in respect of the same children during the period described in subsection (4) and that other claimant has served or is serving their waiting period in respect of that claim;

    • (b) another claimant is making a claim for benefits under this section or section 23.2 in respect of the same children at the same time as the claimant and that other claimant elects to serve their waiting period; or

    • (c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.2 in respect of the same children, meets the prescribed requirements.

  • Marginal note:Division of weeks of benefits

    (8) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.2 in respect of the same child or the same children who are critically ill as a result of the same event, any remaining weeks of benefits payable under this section, under section 23.2 or under both those sections, up to a maximum of 35 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum divisible number of weeks

    (9) For greater certainty, if, in respect of the same child or the same children who are critically ill as a result of the same event, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.2, the total number of weeks of benefits payable under this section and section 23.2 that may be divided between them must not exceed 35 weeks.

  • Marginal note:Limitation — compassionate care benefits

    (10) Benefits under section 23.1 or 152.06 are not payable in respect of a child during the period referred to in subsection (3) or (4) or 23.2(3) or (4) that is established in respect of that child.

  • Marginal note:Limitation

    (11) When benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the person under a provincial law for the same or substantially the same reasons, the benefits payable to the person under this section shall be reduced or eliminated as prescribed.

 

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