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

Assented to 2012-12-14

  •  (1) Section 152.11 of the Act is amended by adding the following after subsection (6):

    • Marginal note:Exception

      (6.1) A claim for benefits referred to in section 152.061 with respect to a critically ill child or children who are critically ill as a result of the same event must not be regarded as having been made on an earlier day under subsection (4) or (5) if

      • (a) at the time the claim is made, 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 152.061(3) or (4) has already been determined with respect to that child or those children and the claim 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:2009, c. 33, s. 16

    (2) Subsections 152.11(14) to (19) of the Act are replaced by the following:

    • Marginal note:Extension of benefit period

      (14) 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), at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons and the maximum total number of weeks established for those reasons is greater than 50, the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.

    • Marginal note:Maximum extension under subsections (11) to (14)

      (15) Subject to subsection (16), an extension under any of subsections (11) to (14) must not result in a benefit period of more than 104 weeks.

    • Marginal note:Maximum extension under subsection (14)

      (16) Unless the benefit period is also extended under any of subsections (11) to (13), an extension under subsection (14) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 152.14(1) for each of the benefits paid to the self-employed person for one of the reasons mentioned in paragraphs 152.14(1)(a) to (e) during the person’s benefit period before it was extended under subsection (14).

  •  (1) Subsection 152.14(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

    • (e) because the self-employed person is providing care or support to one or more critically ill children described in subsection 152.061(1), is 35.

  • Marginal note:2009, c. 33, s. 16

    (2) Subsection 152.14(5) of the Act is replaced by the following:

    • Marginal note:Maximum — compassionate care benefits

      (5) Even if more than one claim is made under this Act, at least one of which is made under section 152.06 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.06 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is six weeks during the period of 26 weeks that begins on the first day of the week referred to in paragraph 152.06(3)(a).

    • Marginal note:Maximum — critically ill child

      (5.1) Even if more than one claim is made under this Act, at least one of which is made under section 152.061 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.061 — for the same reason and in respect of the same critically ill child, the maximum number of weeks of benefits payable under this Act in respect of that child is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.061(3)(a).

    • Marginal note:Maximum — critically ill children

      (5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.061 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.061 — for the same reason and in respect of the same children who are critically ill as a result of the same event, the maximum number of weeks of benefits payable under this Act in respect of those children is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.061(4)(a).

  • Marginal note:2009, c. 33, s. 16

    (3) Subsection 152.14(8) of the Act is replaced by the following:

    • Marginal note:Combined weeks of benefits

      (8) In a self-employed person’s benefit period, the self-employed person may, subject to the applicable maximums, combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (1), but the maximum number of combined weeks is 50. However, if the benefit period is extended under subsection 152.11(14), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 152.11(16) less two weeks.

CONSEQUENTIAL AMENDMENTS

R.S., c. 1 (5th Supp.)Income Tax Act

  •  (1) Subsection 56(1) of the Income Tax Act is amended by adding the following after paragraph (a.2):

    • Marginal note:Parents of victims of crime

      (a.3) amounts received by the taxpayer in the year under a program established under the authority of the Department of Social Development Act in respect of children who are deceased or missing as a result of an offence, or a probable offence, under the Criminal Code;

  • (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2013.

  •  (1) Section 60 of the Act is amended by adding the following after paragraph (u):

    • Marginal note:Repayment — parents of victims of crime

      (v) the total of all amounts each of which is an amount paid in the year as a repayment of a benefit that was included because of paragraph 56(1)(a.3) in computing the taxpayer’s income for the year or a preceding taxation year;

  • (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2013.

  •  (1) Subsection 153(1) of the Act is amended by adding the following after paragraph (d.1):

    • (d.2) an amount described in paragraph 56(1)(a.3),

  • (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2013.

 Paragraph 241(4)(d) of the Act is amended by adding the following after subparagraph (x):

  • (x.1) to an official of the Department of Human Resources and Skills Development solely for the purpose of the administration or enforcement of a program established under the authority of the Department of Social Development Act in respect of children who are deceased or missing as a result of an offence, or a probable offence, under the Criminal Code,

C.R.C., c. 945Income Tax Regulations

  •  (1) The definition “remuneration” in subsection 100(1) of the Income Tax Regulations is amended by adding the following after paragraph (g):

    • (g.1) an amount that is required by paragraph 56(1)(a.3) of the Act to be included in computing a taxpayer’s income,

  • (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2013.

TRANSITIONAL PROVISIONS

Marginal note:Death or disappearance

 Section 206.5 of the Canada Labour Code, as enacted by section 6, applies only with respect to a death or disappearance that occurs after the day on which section 6 comes into force.

Marginal note:Illness, injury or quarantine

 Sections 18, 21 and 152.03 of the Employment Insurance Act, as amended by sections 15, 16 and 21, apply only to claims for benefits because of illness, injury or quarantine that are made for weeks that begin on or after the day on which sections 15, 16 and 21 come into force.

Marginal note:Child’s critical illness

 Sections 23.2 and 152.061 of the Employment Insurance Act, as enacted by sections 18 and 23, apply to a claimant for any benefit period

  • (a) that begins on or after the day on which sections 18 and 23 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:This Act

 On the first day on which both subsections 2(1) and (2) of this Act are in force, the heading of Division VII of Part III of the Canada Labour Code is replaced by the following:

Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave, Leave Related to Critical Illness and Leave Related to Death or Disappearance
Marginal note:2000, c. 14

 On the first day on which section 43 of the Budget Implementation Act, 2000 produces its effects, section 206.1 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 thirty-seven 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 may only be taken during the fifty-two 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.

  • Marginal note:Extension of period

    (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • Marginal note:Extension of period — child in hospital

    (2.2) If the child referred to in subsection (1) is hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child is hospitalized.

  • Marginal note:Limitation

    (2.3) An extension under subsection (2.1) or (2.2) must not result in the period being longer than 104 weeks.

  • Marginal note:Interruption

    (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • Marginal note:Resumption

    (2.5) The leave referred to in subsection (1) resumes immediately after the interruption ends.

  • 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 paragraphs (1)(a) to (c), shall not exceed thirty-seven weeks.

  • Marginal note:Exception — sick leave

    (4) Except to the extent that it is inconsistent with subsection 239(1.1), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1).

  • Marginal note:Exception — work-related illness or injury

    (5) Except to the extent that it is inconsistent with subsections 239.1(3) and (4), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.1(1).

  • Marginal note:Exception — member of reserve force

    (6) Despite section 209.1, sections 247.93 to 247.95 apply to an employee who interrupted the leave referred to in subsection (1) in order to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

 
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