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

222 Paragraph 44(1)(b) of the Act is replaced by the following:

223 The heading before section 52 of the French version of the Act is replaced by the following:

224 Subsection 52(1) of the Act is replaced by the following:

• 225 (1) The portion of subsection 52.14(3) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Partage des contributions

    (3) Sous réserve des paragraphes (3.1) et (4), dans le cas où le juge n’est pas admissible à une pension à la fin de la période visée par le partage, l’approbation par le ministre du partage des prestations de pension entraîne l’attribution à l’époux, ex-époux ou ancien conjoint de fait du juge d’une part des prestations de pension, constituée de l’une des sommes suivantes :

• (2) The portion of subsection 52.14(3.1) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Partage des contributions : pensionnaire infirme

    (3.1) Sous réserve du paragraphe (4), lorsque le ministre approuve le partage des prestations de pension d’un juge à qui a été accordée une pension pour cause d’infirmité mais qui n’était pas autrement admissible à une pension à la fin de la période visée par le partage, l’époux, ex-époux ou ancien conjoint de fait a droit à une partie des prestations de pension équivalant à l’une des sommes suivantes :

• (3) Paragraph 52.14(3.1)(a) of the Act is replaced by the following:

  • (a) an amount equal to 50% of the contributions that would have been made during the period described in subparagraph (2)(b)(i) if the judge had continued in office, on the basis of the salary annexed to the office held by the judge at the time the judge ceased to hold office, plus 50% of any interest payable on those contributions; or

• (4) Subsections 52.14(4) and (5) of the French version of the Act are replaced by the following:

  • Marginal note:Choix de l’époux, etc.

    (4) L’époux, ex-époux ou ancien conjoint de fait d’un juge qui a droit à une partie des cotisations de celui-ci aux termes des paragraphes (3) ou (3.1) peut choisir, selon les modalités réglementaires, de recevoir en échange de cette partie, au moment où le juge a droit à une pension — ou au moment où le juge aurait été admissible à une pension s’il n’avait pas démissionné ou été révoqué par suite d’une infirmité —, une part de la pension à laquelle le juge a ou aurait eu droit, déterminée conformément au paragraphe (1).

  • Marginal note:Décès du juge

    (5) Si le juge décède ou cesse d’exercer ses fonctions, notamment par mise à la retraite d’office, démission ou révocation, avant d’être admissible à une pension, l’époux, ex-époux ou ancien conjoint de fait qui a effectué le choix visé au paragraphe (4) reçoit plutôt sur-le-champ la partie des cotisations versées par le juge à laquelle il avait autrement droit conformément aux paragraphes (3) ou (3.1).

• 226 (1) Paragraph 52.22(a) of the French version of the Act is replaced by the following:

  • a) régir les modalités d’une demande, les renseignements à fournir dans la demande et les documents qui doivent l’accompagner;

• (2) Paragraphs 52.22(j) and (k) of the French version of the Act are replaced by the following:

  • j) régir, pour l’application du paragraphe 52.14(1), la valeur d’une pension attribuée pour une période visée par le partage;

  • k) régir, pour l’application des paragraphes 52.14(2) et (3.1), la date prévue pour la retraite du juge;

• (3) Paragraph 52.22(n) of the French version of the Act is replaced by the following:

  • n) prévoir, pour l’application de l’alinéa 52.14(6)b), la façon de déterminer la période pendant laquelle les intéressés ont cohabité;

• (4) Paragraph 52.22(r) of the French version of the Act is replaced by the following:

  • r) régir, pour l’application du paragraphe 52.15(2), la portion d’une pension attribuée pour une période visée par le partage;

Transitional Provision

Marginal note:Tenure extension

227 Despite subsection 26.1(3) of the Judges Act, the term of office of the three members appointed under section 26.1 of that Act to the Judicial Compensation and Benefits Commission that began its inquiry on October 1, 2015 is extended to May 31, 2020.

Coming into Force

Marginal note:Order in council

• 228 (1) Subject to subsection (2), the provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:April 1, 2016

  (2) Sections 220 and 221 are deemed to have come into force on April 1, 2016.

DIVISION 11Support for Families: Benefits and Leaves

1996, c. 23Employment Insurance Act

Amendments to the Act

229 The definition special benefits in subsection 2(1) of the Employment Insurance Act is replaced by the following:

• 230 (1) The portion of subsection 10(5.2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exception

    (5.2) A claim for benefits referred to in section 23.2 with respect to a critically ill child must not be regarded as having been made on an earlier day under subsection (4) or (5) if

• (2) Paragraph 10(5.2)(b) of the Act is replaced by the following:

  • (b) the beginning of the period referred to in subsection 23.2(3) has already been determined with respect to that child and the claim would have the effect of moving the beginning of that period to an earlier date; or

• (3) Section 10 of the Act is amended by adding the following after subsection (5.2):

  • Marginal note:Exception

    (5.3) A claim for benefits referred to in section 23.3 with respect to a critically ill adult 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 23.3(3) has already been determined with respect to that adult 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.

• (4) Paragraph 10(13)(b) of the Act is replaced by the following:

  • (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (f) and at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons, and

• (5) Section 10 of the Act is amended by adding the following after subsection (13):

  • Marginal note:Extension of benefit period — reason mentioned in paragraph 12(3)(b)

    (13.01) The benefit period is extended by 26 weeks so that benefits may be paid for the reason mentioned in paragraph 12(3)(b) up to the maximum number of weeks if, during a claimant’s benefit period,

    • (a) benefits were paid to the claimant for that reason and the applicable maximum number of weeks is established in subparagraph 12(3)(b)(ii);

    • (b) regular benefits were not paid to the claimant; and

    • (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (c), (d), (e) or (f).

  • Marginal note:Extension of benefit period — regular and special benefits

    (13.02) If, during a claimant’s benefit period, regular benefits were paid, benefits were paid for the reason mentioned in paragraph 12(3)(b) in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii), and benefits were paid for fewer than the total number of weeks established under subsection 12(6) as determined under subsection 12(7), the benefit period is extended so that benefits may be paid up to that total number of weeks. The extension must not exceed 26 weeks.

  • Marginal note:Limitation

    (13.03) Only the regular benefits and benefits for any of the reasons mentioned in paragraphs 12(3)(a) to (f) that were paid during the claimant’s benefit period before it was extended under subsection (13.02) are payable during that extension.

• (6) Subsection 10(14) of the Act is replaced by the following:

  • Marginal note:Maximum extension under subsections (10) to (13.02)

    (14) An extension under one or more of subsections (10) to (13.02) must not result in a benefit period of more than 104 weeks.

• (7) Subsection 10(15) of the Act is replaced by the following:

  • Marginal note:Maximum extension under subsection (13)

    (15) Subject to subsection (14), unless the benefit period is also extended under any of subsections (10) to (12.1), an extension under subsection (13) 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 12(3) for each of the benefits paid to the claimant for one of the reasons mentioned in paragraphs 12(3)(a) to (f) during the claimant’s benefit period before it was extended under subsection (13).

• 231 (1) Paragraph 12(3)(b) of the Act is replaced by the following:

  • (b) because the claimant is caring for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption is, in accordance with the election under section 23,

    • (i) 35, or

    • (ii) 61;

• (2) Subsection 12(3) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

  • (f) because the claimant is providing care or support to one or more critically ill adults described in subsection 23.3(1) is 15.

• (3) Paragraph 12(4)(b) of the Act is replaced by the following:

  • (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is, in accordance with the election under section 23, 35 or 61.

• (4) Subsection 12(4.01) of the Act is replaced by the following:

  • Marginal note:Maximum — parental benefits

    (4.01) If a claim is made under this Part in respect of a child or children referred to in paragraph (4)(b) and a claim is made under section 152.05 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is, in accordance with the election under section 23, 35 or 61.

• (5) Subsection 12(4.5) of the Act is replaced by the following:

  • Marginal note:Maximum — critically ill adult

    (4.5) Even if more than one claim is made under this Act, at least one of which is made under section 23.3 — 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 23.3 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 15 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.3(3)(a).

• (6) Section 12 of the Act is amended by adding the following after subsection (6):

  • Marginal note:Determination — total number of weeks

    (7) For the purpose of determining whether the total number of weeks of benefits established under subsection (6) has been reached, in the case where benefits have been paid for the reason mentioned in paragraph 12(3)(b) and the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii),

    • (a) the number of weeks of benefits that were paid for the reason mentioned in paragraph 12(3)(b) is converted to the number of weeks of benefits that would have been paid at a rate of weekly benefits of 55%, as set out in the table in Schedule IV; and

    • (b) other than the weeks referred to in subsections 10(10) to (12.1) in respect of which the benefit period is extended and the week referred to in section 13, the weeks for which no benefits were paid are deemed to be weeks for which benefits were paid at a rate of weekly benefits of 55%.

232 Subsection 14(1) of the Act is replaced by the following:

233 Subsection 18(2) of the Act is replaced by the following:

234 Subparagraph 22(2)(a)(i) of the Act is replaced by the following:

• 235 (1) Section 23 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Election by claimant

    (1.1) In a claim for benefits made under this section, a claimant shall elect the maximum number of weeks referred to in either subparagraph 12(3)(b)(i) or (ii) for which benefits may be paid.

  • Marginal note:Irrevocability of election

    (1.2) The election is irrevocable once benefits are paid under this section or under section 152.05 in respect of the same child or children.

  • Marginal note:First to elect

    (1.3) If two major attachment claimants each make a claim for benefits under this section — or one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the election made under subsection (1.1) or 152.05(1.1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.05 is binding on both claimants or on the claimant and the individual.

• (2) Subsection 23(3.2) of the Act is replaced by the following:

  • Marginal note:Extension of period — special benefits

    (3.2) The period referred to in subsection (2) is extended so that benefits may be paid up to the applicable maximum number of weeks referred to in subparagraph 12(3)(b)(i) or (ii) if, during a claimant’s benefit period,

    • (a) regular benefits were not paid to the claimant;

    • (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (f);

    • (c) the maximum total number of weeks established for those reasons is greater than 50; and

    • (d) benefits were paid for the reason mentioned in paragraph 12(3)(b) but for fewer than the applicable maximum number of weeks established for that reason.

  • Marginal note:Extension of period — reason mentioned in paragraph 12(3)(b)

    (3.21) The period referred to in subsection (2) is extended by 26 weeks so that benefits may be paid for the reason mentioned in paragraph 12(3)(b) up to the maximum number of weeks if, during a claimant’s benefit period,

    • (a) benefits were paid to the claimant for that reason and the applicable maximum number of weeks is established in subparagraph 12(3)(b)(ii);

    • (b) regular benefits were not paid to the claimant; and

    • (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (c), (d), (e) or (f).

  • Marginal note:Extension of period — regular and special benefits

    (3.22) If, during a claimant’s benefit period, regular benefits were paid, benefits were paid for the reason mentioned in paragraph 12(3)(b) in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii), and benefits were paid for fewer than the total number of weeks established under subsection 12(6) as determined under subsection 12(7), the period referred to in subsection (2) is extended for the same number of weeks as the extension established under subsection 10(13.02).

• (3) Subsection 23(3.4) of the Act is replaced by the following:

  • Marginal note:Limitation

    (3.4) An extension under one or more of subsections 10(10) to (13.02) must not result in the period referred to in subsection (2) being longer than 104 weeks.

• (4) Subsections 23(4) and (4.1) of the Act are replaced by the following:

  • Marginal note:Division of weeks of benefits

    (4) If two major attachment claimants each make a claim for benefits under this section — or if one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, weeks of benefits payable under this section, under section 152.05 or under both those sections may be divided between them up to a maximum of 35, if the applicable maximum number of weeks is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or up to a maximum of 61, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum number of weeks that can be divided

    (4.1) For greater certainty, if, in respect of the same child, a major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed 35, if the applicable maximum number of weeks is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or may not exceed 61, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii).