Employment Insurance Act

Marginal note:Parental benefits

• 23 (1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or 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.

• Marginal note:Weeks for which benefits may be paid

  (2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period

  • (a) that begins with the week in which the child or children of the claimant are born or the child or children are actually placed with the claimant for the purpose of adoption; and

  • (b) that ends 52 weeks after the week in which the child or children of the claimant are born or the child or children are actually placed with the claimant for the purpose of adoption.

• Marginal note:Extension of period — children in hospital

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

• Marginal note:Limitation

  (3.1) No extension under subsection (3) may result in the period being longer than 104 weeks.

• Marginal note:Extension of period — special benefits

  (3.2) If, during a claimant’s benefit period,

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

  • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and

  • (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),

  the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

• Marginal note:Extension of period — special benefits

  (3.21) If, during a claimant’s benefit period,

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

  • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and

  • (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),

  the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

• Marginal note:Extension of period — special benefits

  (3.22) If, during a claimant’s benefit period,

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

  • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and

  • (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraph 12(3)(b),

  the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

• Marginal note:Extension of period — special benefits

  (3.23) If, during a claimant’s benefit period,

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

  • (b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and

  • (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),

  the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

• Marginal note:Limitation

  (3.3) No extension under any of the following provisions may result in the period referred to in subsection (2) being longer than the specified number of weeks:

  • (a) for an extension under subsection (3.2), 67 weeks;

  • (b) for an extension under subsection (3.21) or (3.22), 58 weeks; and

  • (c) for an extension under subsection (3.23), 73 weeks.

• Marginal note:Limitation

  (3.4) No extension under any of subsections 10(10) to (13.3) may result in the period referred to in subsection (2) being longer than 104 weeks.

• Marginal note:Division of weeks of benefits

  (4) If two major attachment claimants are caring for a child referred to in subsection (1), weeks of benefits payable under this section may be divided between the major attachment claimants.

• Marginal note:Deferral of waiting period

  (5) A major attachment claimant who makes a claim for benefits under this section may have his or her waiting period deferred until he or she makes another claim for benefits in the same benefit period, otherwise than under section 22 or this section, if

  • (a) the claimant has already made a claim for benefits under section 22 or this section in respect of the same child and has served the waiting period;

  • (b) another major attachment claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving his or her waiting period;

  • (c) another major attachment claimant is making a claim for benefits under section 22 or this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or

  • (d) the claimant or another major attachment claimant meets the prescribed requirements.