C-413
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-413
An Act to amend the Employment Insurance Act and the Canada Labour Code (extension of benefit period for adoptive parents)
first reading, June 10, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. Julian
401115
SUMMARY
This enactment amends the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent is entitled to the same number of weeks of leave as the biological mother of a new-born child.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-413
An Act to amend the Employment Insurance Act and the Canada Labour Code (extension of benefit period for adoptive parents)
Her Majesty, by and with the advice and consent of the Senate and House of Commons 
of Canada, enacts as follows:
1996, c. 23
EMPLOYMENT INSURANCE ACT
1. Subsection 7(4.1) of the Employment Insurance Act is replaced by the following:
Exception
(4.1) An insured person is not a new entrant or a re-entrant if the person has been paid one or more weeks of special benefits referred to in paragraph 12(3)(a), (b) or (b.1) in the period of 208 weeks preceding the period of 52 weeks before their qualifying period or in other circumstances, as prescribed by regulation, arising in that period of 208 weeks.
2. (1) Subsections 10(13) and (13.1) of the English version of the Act are replaced by the following:
Extension of benefit period — special benefits
(13) 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), (b.1) and (c), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (b.1) and (c), 
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b), (b.1) and (c).
Extension of benefit period — special benefits
(13.1) 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), (b.1), (c) and (d), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(b), (b.1), (c) and (d),
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(b), (b.1), (c) and (d).
(2) Subsection 10(13.2) of the Act is replaced by the following:
Extension of benefit period — special benefits
(13.2) 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), (b.1) and (d), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (b.1) and (d),
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b), (b.1) and (d).
(3) Paragraph 10(13.3)(c) of the English version of the Act is replaced by the following:
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (b.1), (c) and (d),
3. (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 is 35;
(b.1) because the claimant is caring for one or more children placed with the claimant for the purpose of adoption is 50;
(2) Subsection 12(4) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) for the care of one or more new-born children as a result of a single pregnancy is 35; and
(b.1) for the care of one or more adopted children as a result of a single placement is 50.
4. The Act is amended by adding the following after section 22:
Adoption
22.1 (1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant who provides the Minister with any document or information necessary to prove that the claimant is adopting a child.
Weeks for which benefits may be paid
(2) Subject to section 12, benefits are payable to a major attachment claimant under this section for each week of unemployment in the period
(a) that begins the earlier of
(i) eight weeks before the estimated date on which the child is to come into the care and custody of the claimant for the first time, and
(ii) the week in which the child comes into the care and custody of the claimant for the first time; and
(b) that ends 17 weeks after the later of
(i) eight weeks before the estimated date on which the child is to come into the care and custody of the claimant for the first time, and
(ii) the week in which the child comes into the care and custody of the claimant for the first time.
Limitation
(3) When benefits are payable to a claimant for unemployment caused by the adoption of a child and any allowances, money or other benefits are payable to the claimant for that adoption under a provincial law, the benefits payable to the claimant under this Act shall be reduced or eliminated as prescribed.
Application of section 18
(4) For the purposes of section 13, the provisions of section 18 do not apply to the two week period that immediately precedes the period described in subsection (2).
Earnings deducted
(5) If benefits are payable under this section to a major attachment claimant who receives earnings for a period that falls in a week in the period described in subsection (2), the provisions of subsection 19(2) do not apply and, subject to subsection 19(3), all those earnings shall be deducted from the benefits paid for that week.
Extension of period
(6) If the child who is adopted by the claimant is hospitalized, the period during which benefits are payable under subsection (2) shall be extended by the number of weeks during which the child is hospitalized.
Limitation
(7) The extended period shall end no later than 52 weeks after the week in which the child comes into the care and custody of the claimant for the first time.
5. (1) Subsections 23(3.2) to (3.22) of the Act are replaced by the following:
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), (b.1) and (c), and
(c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraphs 12(3)(b) and (b.1),
the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.
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), (b.1), (c) and (d), and
(c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraphs 12(3)(b) and (b.1),
the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.
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), (b.1) and (d), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(b) and (b.1),
the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.
(2) Paragraph 23(3.23)(c) of the Act is replaced by the following:
(c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraphs 12(3)(b) and (b.1),
(3) Subsection 23(5) of the Act is replaced by the following:
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 22.1 or this section, if 
(a) the claimant has already made a claim for benefits under section 22 or 22.1 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 22.1 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 22.1 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.
6. Subparagraph 58(1)(b)(i) of the Act is replaced by the following:
(i) was paid special benefits under section 22, 22.1 or 23 during the benefit period,
R.S., c. L-2
CANADA LABOUR CODE
7. The Canada Labour Code is amended by adding the following after section 206:
Adoption Leave
Entitlement to leave
206.01 Every employee who
(a) has completed six consecutive months of continuous employment with an employer, and
(b) provides his or her employer with any document or information necessary to prove that he or she is adopting a child,
is entitled to and shall be granted a leave of absence from employment of up to seventeen weeks, which leave may begin not earlier than eleven weeks before the estimated date on which the child is to come into the care and custody of the employee for the first time and not later than seventeen weeks following the actual date on which the child comes into the care and custody of the employee for the first time. 
8. Section 206.2 of the Act is replaced by the following:
Aggregate leave — maternity, adoption and
parental
206.2 The aggregate amount of leave that may be taken by one or two employees under sections 206, 206.01 and 206.1 in respect of the same birth or adoption shall not exceed fifty-two weeks.
9. (1) The portion of subsection 207(1) of the Act before paragraph (a) is replaced by the following:
Notification to employer
207. (1) Every employee who intends to take a leave of absence from employment under section 206, 206.01 or 206.1 shall
(2) Subsection 207(2) of the English version of the Act is replaced by the following: 
Notice of change in length of leave
(2) Every employee who intends to take or who is on a leave of absence from employment under section 206, 206.01 or 206.1 shall give at least four weeks’ notice in writing to the employer of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given. 
10. Paragraph 209.4(a) of the Act is replaced by the following:
(a) specifying the absences from employment that shall be deemed not to have interrupted continuous employment referred to in sections 206, 206.01 and 206.1;
COMING INTO FORCE
Coming into force
11. This Act comes into force six months after the day on which it receives royal assent.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada