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

Assented to 2021-06-29

PART 4Various Measures (continued)

DIVISION 35Benefits and Leave Related to Employment (continued)

1996, c. 23Employment Insurance Act (continued)

Marginal note:Continued application — Part VIII.5

 Part VIII.5 of the Employment Insurance Act, as it read immediately before September 26, 2021, continues to apply in respect of an insured person or claimant, as the case may be, whose benefit period begins during the period beginning on September 27, 2020 and ending on September 25, 2021.

Marginal note:Suspension of operation

  •  (1) The operation of Part VIII.1 of the Employment Insurance Act and any regulations made under that Part is suspended during the period beginning on September 26, 2021 and ending on September 24, 2022.

  • Marginal note:Continued application of suspension

    (2) The operation of Part VIII.1 of the Employment Insurance Act and any regulations made under that Part continues to be suspended in respect of an insured person or a claimant, as the case may be, whose benefit period begins during the period referred to in subsection (1).

Marginal note:Continued application — before September 25, 2022

 The following provisions of the Employment Insurance Act, as they read immediately before September 25, 2022, continue to apply in respect of an insured person or a claimant, as the case may be, whose benefit period begins during the period beginning on September 26, 2021 and ending on September 24, 2022:

  • (a) subsection 6(1);

  • (b) subsection 7(2);

  • (c) subsection 7.1(1);

  • (d) subsection 12(8);

  • (e) section 21;

  • (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) section 28;

  • (l) paragraph 29(a);

  • (m) section 30;

  • (n) section 51; and

  • (o) Schedule I.

Marginal note:Illness, injury or quarantine

 Paragraphs 12(3)(c) and 152.14(1)(c) of the Employment Insurance Act, as amended by subsection 307(2) and section 323, respectively, apply in respect of a claimant for any benefit period that begins on or after the day on which subsection 307(2) and section 323 come into force.

Coordinating Amendments

Marginal note:2000, c. 12

  •  (1) In this section, other Act means the Modernization of Benefits and Obligations Act.

  • (2) If subsection 107(1) of the other Act comes into force before subsection 310(2) of this Act, then

    • (a) on the first day on which both that subsection 107(1) and subsection 310(1) of this Act are in force subsection 23(1) of the Employment Insurance Act is replaced by the following:

      Marginal note:Parental benefits

      • 23 (1) Despite section 18, but subject to this section, benefits are payable to a claimant to care for

        • (a) one or more new-born children of the claimant;

        • (b) one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or

        • (c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.1).

    • (b) on the day on which that subsection 310(2) comes into force, the portion of subsection 23(1) of the Employment Insurance Act before paragraph (a) is replaced by the following:

      Marginal note:Parental benefits

      • 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for

  • (3) If subsection 107(1) of the other Act comes into force on the same day as subsection 310(2) of this Act, then that subsection 310(2) is deemed to have come into force before that subsection 107(1).

Marginal note:2009, c. 33

  •  (1) In this section, other Act means the Fairness for the Self-Employed Act.

  • (2) If section 320 of this Act comes into force before paragraph 36(b) of the other Act produces its effects, then the French version of that paragraph 36(b) is amended by replacing the portion of subsection 152.05(1) of the Employment Insurance Act before paragraph (a) that it enacts by the following:

    Marginal note:Prestations parentales

    • 152.05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin :

  • (3) If paragraph 36(b) of the other Act produces its effects before section 320 of this Act comes into force, then that section 320 is replaced by the following:

    320 The portion of subsection 152.05(1) of the French version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Prestations parentales

    • 152.05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin :

  • (4) If paragraph 36(b) of the other Act produces its effects on the same day as the coming into force of section 320 of this Act, then that paragraph 36(b) is deemed to have produced its effect before that section 320 comes into force and subsection (3) applies as a consequence.

Coming into Force

Marginal note:September 26, 2021

  •  (1) Subsections 302(1), 303(1) and (3) and 304(1), section 305, subsections 306(1), 307(1) and (3), 308(1), 309(1), (3) and (5), 310(1), (3), (5), (7), (9), (11) and (13), 311(1), 312(1), 313(1), 314(1), 315(1), 316(1) and (3), 317(1) and 318(1), sections 319 to 321, subsection 322(1), sections 324, 325 and 327, subsection 329(1) and section 330 come into force, or are deemed to have come into force, on September 26, 2021.

  • Marginal note:September 25, 2022

    (2) Subsections 302(2), 303(2) and (4), 304(2), 306(2), 307(4), 308(2), 309(2), (4) and (6), 310(2), (4), (6), (8), (10), (12) and (14), 311(2), 312(2), 313(2), 314(2), 315(2), 316(2) and (4), 317(2), 318(2), 322(2) and 329(2) come into force, or are deemed to have come into force, on September 25, 2022.

  • Marginal note:Order in council

    (3) Subsection 307(2) and sections 323 and 336 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:September 12, 2021

    (4) Section 326 comes into force, or is deemed to have come into force, on September 12, 2021.

  • Marginal note:Order in council

    (5) Section 328 comes into force on a day to be fixed by order of the Governor in Council.

R.S., c. L-2Canada Labour Code

Amendments to the Act
  •  (1) Subsection 187.1(1) of the Canada Labour Code is replaced by the following:

    Marginal note:Interruption

    • 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).

  • (2) Subsection 187.1(3) of the Act is replaced by the following:

    • Marginal note:Application of subsection 239(7)

      (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.

 

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