O-2.1, r. 3 - By-law respecting maternity benefits

Updated to 12 December 2023

This document has official status.

chapter O-2.1, r. 3

By-law respecting maternity benefits

Act respecting the Cree Hunters Economic Security Board

(chapter O-2.1, s. 21).

1. A woman is entitled to maternity leave in cases where she:

(1)  has produced a medical certificate in accordance with paragraph 30.4.6 (d) of the Economic Security Program for Cree Hunters to support her request for benefits; and

(2)  would have otherwise participated in harvesting and related activities had it not been for her pregnancy, the after effects of the pregnancy or the care required by her child.

O.C. 1450-90, s. 1.

2. Notwithstanding section 1, benefits are not payable in cases where a woman receives benefits under a maternity allowance program of general application in Québec.

O.C. 1450-90, s. 2.

3. For the purposes of section 1, a woman is considered as participating in harvesting and related activities in the following cases:

(1)  she has participated in the Program, as head or consort, during the year preceding the request;

(2)  she has been accepted into the Program for the year of the request as head of the beneficiary unit;

(3)  it is her first year of participation in the Program as a consort and days payable have been established for her on the basis of the declarations made on the application for income security benefits and of her actual participation.

O.C. 1450-90, s. 3.

4. The duration of a maternity leave shall not exceed 240 days for one and the same maternity. Such duration shall be determined on the basis of the number of days established definitively by the Board for the year during which an application for maternity benefits is made, based on the woman’s declarations, the number of days effectively spent in the bush by the woman and, if applicable, the harvesting activities of the head of the unit.

In the case of postnatal care, such leave may be taken during a 4-month period following the birth or, for certified medical reasons, during a 12-month period following the birth.

O.C. 1450-90, s. 4; O.C. 1429-2000, s. 1.

5. The daily maternity benefit payable to a beneficiary unit for a maternity leave shall be equivalent to an amount calculated on the basis of the rate provided for in paragraph 30.4.3 of the Program for up to 192 days.

O.C. 1450-90, s. 5; O.C. 1429-2000, s. 2.

6. The payment of maternity benefits must not result in an increase in the annual number of days otherwise payable on behalf of the woman who benefits from a maternity leave.

O.C. 1450-90, s. 6.

7. Maternity benefits are included in the calculation of annual benefits payable to the beneficiary unit and are paid in the same manner and at the same periods as provided for the payments of benefits to the unit.

O.C. 1450-90, s. 7.

8. (Omitted).

O.C. 1450-90, s. 8.

REFERENCES

O.C. 1450-90, 1990 G.O. 2, 2558

O.C. 1429-2000, 2000 G.O. 2, 5609

S.Q. 2022, c. 1, ss. 5 and 10