Employment Insurance Act — E-5.6 152.041
Benefit for responsibilities related to child’s placement or arrival 152.041 (1) Subject to this Part, benefits are payable to a self-employed person for carrying out responsibilities related to (a) the placement with the self-employed person of one or more children for the purpose of adoption under the laws governing adoption in the province in which the person resides; or (b) the arrival of one or more new-born children of the self-employed person into the self-employed person’s care, in the case where the person who will be giving or gave birth to the child or children is not, or is not intended to be, a parent of the child or children. Weeks for which benefits may be paid (2) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period (a) that begins the earlier of (i) five weeks before the week in which the placement of the child or children with the self-employed person for the purpose of adoption is expected or the new-born child or children of the self-employed person are expected to arrive into the self-employed person’s care, and (ii) the week in which the child or children are actually placed with the self-employed person for the purpose of adoption or the new-born child or children of the self-employed person actually arrive into the self-employed person’s care; and (b) that ends 17 weeks after the week in which the child or children are actually placed with the self-employed person for the purpose of adoption or the new-born child or children of the self-employed person actually arrive into the self-employed person’s care. Limitation — delay of placement or arrival (3) If the placement or arrival of the child or children referred to in subsection (1) is delayed, the period referred to in subsection (2) must not, subject to any extension under subsection (4), exceed 52 weeks after the week in which the placement or arrival was expected. Extension of period — children in hospital (4) If the child or children referred to in subsection (1) are hospitalized during the period that begins the week referred to in subparagraph (2)(a)(ii) and that ends 17 weeks after that week, the period referred to in subsection (2) is extended by the number of weeks during which the child or children are hospitalized. Limitation — children in hospital (5) The extended period shall end no later than 52 weeks after the week referred to in subparagraph (2)(a)(ii). Limitation (6) If 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 self-employed person for the same reasons under a provincial law, the benefits payable to the self-employed person under this Part are to be reduced or eliminated as prescribed. Presumption (7) With regard to serving the waiting period under section 152.15, the week that immediately precedes the period described in subsection (2) is deemed to be a week that is included in that period. Division of weeks of benefits (8) If two self-employed persons each make a claim for benefits under this section — or if one self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 22.1 — in respect of the same child or children, the weeks of benefits payable under this section, under section 22.1 or under both those sections may be divided between them up to a maximum of 15. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules. Maximum number of weeks that can be divided (9) For greater certainty, if, in respect of the same child or children, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 22.1, the total number of weeks of benefits payable under this section and section 22.1 that may be divided between them may not exceed 15. Deferral of waiting period (10) A self-employed person who ma